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%0 88A tkc1'.06/09)Subpoena to fc.tit l at a Ikpoikim in a C.'iviI Action(Page.) Federal Rule of Civil Procedure 45(c),(d),and (e)(Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (d)Duties in Responding to a Subpoena. (1)Avoiding Undue Burden or Expense;.Sanctions. A party or (1)Producing Documents or Electronically Storer)Information. attorney responsible for issuing and serving a subpoena must take These procedures apply to producing documents or electronically reasonable steps to avoid imposing undue burden or expense on a stored information: person subiect to the subpoena.The issuing court must enforce this (A)Doc•unrents. A person responding to a subpoena to produce duty and impose an appropriate sanction- which may include lost documents must produce them as they are kept in the ordinary earnings and reasonable attorney's fees -- on a party or attorney course of business or must organize and label them to correspond to who fails to comply. the categories in the demand. (2)Command to Produce Materials or Permit Inspection. (B)Form for Producing Electronically Stored Information Nut (A)Appearance Not Required. A person commanded to produce Spect/ied. If a subpoena does not specify a form for producing documents,electronically stored information.or tangible things,or electronically stored information,the person responding must to permit the inspection of premises,need not appear in person at the produce it in a form or fortes in which it is ordinarily maintained or place of production or inspection unless also commanded to appear in a reasonably usable form or forms. for a deposition,hearing,or trial. (C)F_lec•tronic•ally Stored Information Producer/in Only One (B)Objections. A person commanded to produce documents or Form.The person responding need not produce the same tangible things or to permit inspection may serve on the party or electronically stored information in more than one form. attorney designated in the subpoena a written objection to (D)Inaccessible Electronically Slored Infornnation. The person inspecting,copying,testing or sampling any or all of the materials or responding need not provide discovery of electronically stored to inspecting the premises—or to producing electronically stored information from sources that the person identifies as not reasonably information in the form or forms requested.The objection must be accessible because of undue burden or cost.On motion to compel served before the earlier of the time specified for compliance or 14 discovery or for a protective order,the person responding must show days after the subpoena is served. If an objection is made,the that the information is not reasonably accessible because of undue following rules apply: burden or cost.if that showing is made,the court may nonetheless (i)At any time,on notice to the commanded person,the serving order discovery from such sources if the requesting party shows party may move the issuing court for an order compelling production good cause,considering the limitations of Rule 26(b)(2)(C).The or inspection. court may specify conditions for the discovery. (ii)These acts may be required only as directed in the order,and (2)Clalining Privilege or Protection. the order must protect a person who is neither a party nor a party's (A)Information Withheld A person withholding subpoenaed officer from significant expense resulting from compliance, information under a claim that it is privileged or subject to (3)Quashing or Modifying a.Subpoena protection as trial-preparation material must: (A) lViten Required. On timely motion,the issuing court must (i)expressly make the claim;and quash or modify a subpoena that: (ii)describe the nature of the withheld documents, (i)fails to allow a reasonable time to comply: communications,or tangible things in a manner that,without (ii)requires a person who is neither a party nor a party's officer revealing information itself privileged or protected,will enable the to travel more than 100 miles from where that person resides,is parties to assess the claim. employed,or regularly transacts business in person—except that, (B)lnformotion Produced If information produced in response to a subject to Rule 45(c)(3)(13)(iii),the person may be commanded to subpoena is subject to a claim of privilege or ofprotection as trial- attend a trial by traveling from any such place within the state where preparation material,the person making the claim may notify any the trial is held; party that received the information of the claim and the basis for it. (iii)requires disclosure of privileged or other protected matter,if A fter being notified,a party must promptly return,sequester,or no exception or waiver applies;or destroy the specified information and any copies it has;must not use (iv)subjects a person to undue burden. or disclose the information until the claim is resolved;must take (B) 11 nen Permitted. To protect a person subject to or affected by reasonable steps to retrieve the information if the party disclosed it it subpoena,the issuing court may,on motion,quash or modify the before being notified;and may promptly present the information to subpoena if it requires: the court under seal for a determination of the claim.The person (i)disclosing a trade secret or other confidential research, who produced the information must preserve the information until development,or commercial information; the claim is resolved. (ii)disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from (e)Contempt.The issuing court may hold in contempt a person the expert's study that was not requested by a party;or who,having been served,fails without adequate excuse to obey the (iii)a person who is neither a.party nor a party's officer to incur subpoena.A nonparty's failure to obey must be excused if the substantial expense to travel more than 100 miles to attend trial. subpoena purports to require the nonparty to attend or produce at a (C)Spec•{f mg Conditions as urn Alternutive In the circumstances place outside the limits of Rule 45(c)(3)(A)(ii). described in Rule 45(c)(3)(B),the court may,instead of quashing or modifying a subpoena,order appearance or production under specified conditions if the serving party: (i)shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship;and (ii)ensures that the subpoenaed person will be reasonably compensated. ,1m , n ncpal,Nel,Inc. .4cl:u n.1\1.r1 f I:nr..4t1 n :01 6