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JAH 22-2010 09:46."From:LSNET 2093930311 To:9491450 Page:4,'10
<br /> AO BAIL tRev. 061(14)Jtitlpllcrio to Produw We tiH1Cntg,Inr}r111brio8.M'Otljwr of to 11cmitt IMAMCtiot Al Nretilite4 It1 3(Ivil nCKiOi1(P9iiC.1)
<br /> Federal Rule of Civil Procedure 45(c),(d),and(e)(Effective 12/1/07)
<br /> (c)Protecting a Person Subject to a5ubpocna. (d)Duties In Responding to a Subpoena. -
<br /> (1)Avoiding Undue Barden or r;Vense;Sanctions.A party or (1)Producing Documents or Electronically Stored Iriformarion
<br /> attorney responsible for issuing and serving a subpoena must take These procedures apply to producing documents or electronically
<br /> reasonable steps to avoid imposing undue burden or expense on a stored information
<br /> person Rubject to the subpoena.The is suing court must ontorce this (A)Ducumenls. A persun responding to a subpoena to produce
<br /> Bury and impose an appropriate sunctipn—which may inehtdc lost documents must produce them as they are kept in the ordinary
<br /> earnings and reasonable aturney's tees --un a party or utlurney Bourse of business or must organize and label them to correspond to
<br /> Willi I'ails to comply, the categories in the demand.
<br /> (2)Command to Produce Materials or Permit Inspection, (B)Form./or Producing Electronically Stored lnformarlun Na
<br /> (A)Appearance Nur Required. A perum commanded to produce Specified. If a subpncna docs not specify a form for producing
<br /> documents,electronically stored intormation,or tangible things,or electronically stored information,the person responding must
<br /> to permit the inypieWon orprcmiscs„need not appear in person at the produce it in it form or fortes in which it is ordinarily maintained or
<br /> place of production or inspection unless also cumenvnded to appear in a reasonably u%able form or fornix. v
<br /> for a deposition•hearing,or trial. (C)Elcrrronicalhl Stared/rrfnYmation Prndured in on/v one
<br /> (0)Objections. A person commanded to produce document%or. Form.The person responding need not produce the same
<br /> tangible things or to permit inspection may serve on the parry or electronically stored information in more than one forts.
<br /> artortu:y designated in the suhpocra a written objection to (D)Inaccessible Elevirunically Stored Irrformarion. The person
<br /> inspecting,copying,testing or sampling any or all of the materials or responding need not provide di,.cavcry ofcicutrunically stored
<br /> to inspecting the premises—or to producing electronically steered inturtnation from sources that the person identifies as not re wnably
<br /> information in the form or forms rcqucstcd.The objection must be accessible because of undue burden or cost.On motion to compel
<br /> served before the earlier of the time specilicd for compliance or 14 discovery or for a prulective order,the person responding mu:5t show
<br /> days alter the subpoena is served. If an objection is made,the that ehc information is not reasonably accessible because of undue
<br /> following rules apply: , burdcn ur cost.I(that showing is made,the court may nonetheless
<br /> (i)At any time,an notice to the commanded person,the serving order d6covcry front such iclurces if the requesting party shows -"-
<br /> party may move the issuing court.for an order compelling production good cause,cunsidering the limitations of Rule 2NW(2)(C).The
<br /> or inspection. court may specify conditions ror the discovery.
<br /> (1t)These acts may be required only as directed in the order,:and (2)Claiming Privilege or Protecdort.
<br /> the order must protect a person who is neither a party not a party's (A)III rmotian Withheld.A person withholding subpoenaed
<br /> officer Crum significant expense resulting from compliance, information under a claim thus it is privileged or subicct to
<br /> (3)Quashing or Modifying a Subpoena. protection as trial-preparation material must.
<br /> (A) When Required.On timely motion,the issuing court must (1)expregsly make the claim;and
<br /> gtmsh or modify a subpoena tine (11)describe the stature of the withheld documents,
<br /> (t)tails to allow a reasonable time to ctrnply; communications,or tangible things in a manner that,without
<br /> (Ii)requires a penton who is neither u purty nor a party's officer revealing information itsell'privileged or protected,will enable the
<br /> to travel more than IOU miles from where that person rusidi:s,is parties to utisess the claim.
<br /> employed,or regularly transacts business in person—except that, (B)Information Prruluced I f infomtation produced in response to a -
<br /> subjvwh to Rule 45(c)(3MBKiii),the person may be commanded to subpoena is subject to a claim of privilege or of protection as trial-
<br /> attend"a trial by traveling from any-such place within the state where preparation mittedul,the person making the claim may notify any
<br /> the trial Is held; party that received die informatiun of the claim and the basis for it.
<br /> (ltd)requires disclosure of privileged or other protected matter,it' After being notilied,a party must promptly return,sequester,or
<br /> no exception or waiver applies;or de,trroy the specified information and any copies it has;must not ate
<br /> ((v)subjects a person to undue burden. or digelmi;the information until the claim is resolved:must take
<br /> (B) When Permitted,,To protect a person subject to ur afrcwtcd by reasonable steps in retrieve the information if the parry disclosed it
<br /> a subpoena,the issuing court may,on motion,qumh or modify the before being notified;and may promptly present the information to
<br /> subpoena if it requires: the court under seal for a determination of the claim.The person
<br /> (1)disclosing a trade secret or other confidential roseareh, who produced the information must preserve the information until
<br /> developrricnt,or commercial information: the claim is resolved.
<br /> (if)disclosing an unrcatined expert's opinion or information that
<br /> does not describe specific occurrences.in tlispute and results from (e)Contempt.The issuing enurt may hold in contempt a person
<br /> the expert's stutly that was not requested by a party;or who,having been served,fuils without adequate excuse to obey the
<br /> (iii)a person who is neither a parry nors.party's uffiecr to incur subpoena.A nonparty's tiulure to obey must be cxcu%cd if the
<br /> substantial expense to travel more thaln I UO miles to attend trial. subpoena purports to require the nonpnrry to attend or produce at a
<br /> (C)5peclfvirrk Curnlilluns o un Ahernalive. In the circumstances place outside the limirs of Rule 45(cx3)(A)(ii),
<br /> described in Rule 45(c)(3)(B).the court may,instead of quashing or
<br /> modifying a subpoena,order appearance or production undot
<br /> specified conditions if the serving party'
<br /> (I)shows a substantial steed for the testimony or material that
<br /> cannot be otherwise met without undue hardship;and
<br /> (11)assures that the subpoenaed person will be reasonably
<br /> compensated,
<br />
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