This episode of Quillian’s Litigation Fundamentals discusses enforcement of document subpoenas in federal court against non-parties under Rule 45. Series creator Henry M. Quillian III outlines that subpoenas must follow Rule 1145d, which puts restrictions on how much burden a litigant can put on a non-party and extends to the format of requested information. Territorial range is also critical and issuers must comply with Rule 45a4: giving notice to other parties before service.
Process servers are a secure format for serving subpoenas in terms of proof of service. Henry notes that production dates should be 14+ days past the date served so the entity can have time to object. If a subpoena is not returned and no objections provided, Rule 45g follows in terms of contempt. When requesting contempt sanctions, it’s important to understand what judges require in advance before issuing (good faith conference, etc.). Once a motion to compel is issued, the burden of production shifts to the responding party as to why they shouldn’t be held in contempt and couldn’t comply.
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