Amended Rule 45 Significantly Alters Subpoena Practice

Law360, New York (December 11, 2013, 4:13 PM EST) -- The extensive amendments to Federal Rule of Civil Procedure 45 that took effect on Dec. 1, 2013, have significant practical implications for subpoena practice. Rule 45 subpoenas are a critical tool in civil litigation because they allow the parties to obtain relevant information from nonparties. The parties can serve such subpoenas to seek documents, electronically stored information or tangible things, the inspection of premises, deposition testimony, testimony at a trial or hearing, or a combination of production or inspection and testimony. The parties may also use Rule 45 subpoenas to command a party witness to testify at trial or a hearing....

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