FRCP Changes Will Have Major Impact On 3rd-Party Discovery

Law360, New York (May 02, 2013, 12:33 PM ET) -- The U.S. Supreme Court recently transmitted to Congress amendments to Rule 45 of the Federal Rules of Civil Procedure that will have a significant impact on third-party discovery in federal court. Absent congressional action, the amendments will take effect Dec. 1.

Among other changes, the amended rule will require all third-party subpoenas to issue from the court where the litigation is pending. The rule will allow a subpoena to be served anywhere in the United States. This change will greatly simplify the rule, which currently requires...
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