Is a subpoena duces tecum to a party enforceable?

FRCP 34 (c). Yet the text of FRCP 45 does not state it is limited to non-parties. The advisory committee notes indicate it can be used “to facilitate access outside the deposition procedure provided by Rule 30 to documents and other information in the possession of persons who are not parties.”

Can a expert witness be subpoenaed for documents?

The law shows no preference between subpoenas for documents and subpoenas for testimony itself. As such, both types of subpoenas should be viewed with a healthy level of respect. Should an expert receive either type of subpoena, a call to the attorney they are working with is an excellent next step.

Can a non-party be served with a subpoena?

Your client has no claims and has not been sued but nevertheless receives a subpoena for documents in a litigation in which it has no stake. While the Federal Rules of Civil Procedure primarily focus on rights and obligations of parties, Rule 45 permits parties to serve a non-party with a subpoena for production of documents.

What happens if duces tecum makes a motion to compel discovery?

However, the person who issued the subpoena duces tecum may well make a motion to compel discovery or for a protective order to address concerns about data privacy or confidentiality. In that case, the court will consider the motion. The person refusing disclosure has the burden of establishing excessive cost or undue burden.

How does the new non-party discovery law work?

However, the new law assures that non-party discovery is not covertly conducted, for it requires a party issuing a document subpoena on a non-party to simultaneously serve a copy of the subpoena on all parties.

Is there an exception to rule 45 subpoenas?

There is one exception allowing Rule 45 subpoenas to obtain original documents for trial where copies have been disclosed during discovery, but otherwise Rule 45 subpoenas cannot be properly filed and served following the close of discovery. Mortg. Info.