Shifting The Costs Of Complying With A Rule 45 Subpoena
Law360, New York (September 25, 2014, 9:17 AM EDT) -- Companies are routinely served with subpoenas for litigation in which they are not parties. Responding to these subpoenas can involve significant expenditure of time and money, in addition to disruption and distraction. In many cases, the subpoenas also may demand a deposition from the company, requiring further expense and distraction for preparation. While there are more traditional options such as moving to quash or reduce the scope of a subpoena, the company still may be forced to spend legal fees and costs to comply. To avoid these burdens, in some instances, the company should consider a strategy of shifting some of the costs and fees associated with compliance to the party issuing the subpoena by taking advantage of recent appellate and district court decisions aimed at protecting the subpoenaed nonparties....
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