Description
Understand the federal rules governing thirdparty subpoenas.Document discovery isn’t limited to direct litigation or internal and employee investigations. Thirdparty subpoenas often require a similar approach as discovery during litigation. Such subpoenas allow parties in civil litigation to obtain evidence, including documents and testimony, from individuals or organizations who are not part of the lawsuitthat is, from third parties. This presentation will help legal professionals to understand the federal rules governing thirdparty subpoenas, assess the factors that impact a decision regarding whether to object to a thirdparty subpoena, understand the subpoena response process, and analyze the various factors that impact the burden of responding to thirdparty subpoenas.
Date: 2023-05-09 Start Time: End Time:
Learning Objectives
Governing Rules
• Federal Rule 45
• Requires Issuance of a Subpoena
Subpoena Response Process
• Notifying Members of the Served Partys Organization
• Issue a Legal Hold for Potentially Responsive ESI
• Potential Challenge to Subpoena
• Collect ESI
• Review ESI
• Produce ESI to the Issuing Party
Objecting to Third-Party Subpoenas
• Objections Must Be Made Within 14 Days From When Subpoena Was Received or by the Subpoenas Production Deadline
• A Third Party Who Objects Will Not Need to Comply Unless the Issuing Party Makes a Successful Motion to Compel
• The Duty to Preserve ESI Remains Until the Court Quashes the Subpoena or the Issuing Party Agrees Not to Pursue It
• Grounds for Objecting to Third-Party Subpoenas
• Motions to Quash
Cost Shifting in Subpoena Response
• Unduly Burdensome or Expensive
• Courts May Shift the Cost of Compliance to the Issuing Party Either in Whole or in Part
• Third Parties Objecting to a Document Subpoena Must Provide Specific Evidence About Time, Cost, or Other Burdens Involved in Responding to the Request
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Jason R. Mattox-King & Spalding
