Boeing, Rolls-Royce Fight Subpoenas For Accident Witnesses

Law360 (September 8, 2020, 5:51 PM EDT) -- Rolls-Royce and Boeing on Friday urged a South Carolina federal judge to deny the subpoenas of two out-of-state witnesses to a 2016 plane-testing accident, saying the court lacks authority to order their depositions because they do not reside in the state.

Components maker Servotronics Inc. cannot subpoena witnesses Terrance Shifley and Scott Walston for a U.K. arbitration, the companies claimed, noting that Section 1782 of the U.S. Code, which arbitral parties use to request discovery, only grants a court authority over a person who "resides or is found" in its district.

The test for whether a person "resides or is found"...

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