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AO 88B (Rev. 02/14)Subpoena to Produce Documents,Information,or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
<br /> Federal Rule of Civil Procedure 45(c),(d),(e),and(g)(Effective 12/1/13)
<br /> (c)Place of Compliance. (ii)disclosing an unretained expen's opinion or information that does
<br /> not describe specific occurrences in dispute and results from the expert's
<br /> (1)For a Trial,Hearing,or Deposition.A subpoena may command a study[hat was not requested by a party.
<br /> person to attend a trial,hearing,or deposition only as follows: (C)Specking Conditions as an Alternative.In the circumstances
<br /> (A)within 100 miles of where the person resides,is employed,or described in Rule 45(d)(3)(B),the court may,instead of quashing or
<br /> regularly transacts business in person;or modifying a subpoena,order appearance or production under specified
<br /> (B)within the state where the person resides,is employed,or regularly conditions if the serving party:
<br /> transacts business in person,if the person (i)shows a substantial need for the testimony or material that cannot be
<br /> (i)is a party or a party's officer,or otherwise met without undue hardship;and
<br /> (ii)is commanded to attend a trial and would not incur substantial (ii)ensures that the subpoenaed person will be reasonably compensated.
<br /> expense.
<br /> (e)Duties in Responding to a Subpoena.
<br /> (2)For Other Discovery.A subpoena may command:
<br /> (A)production of documents,electronically stored information,or (1)Producing Documents or Electronically Stored Information.These
<br /> tangible things at a place within 100 miles of where the person resides,is procedures apply to producing documents or electronically stored
<br /> employed,or regularly transacts business in person;and information:
<br /> (B)inspection of premises at the premises to be inspected. (A)Donrmenls.A person responding to a subpoena to produce documents
<br /> must produce them as they are kept in the ordinary course of business or
<br /> (d)Protecting a Person Subject to a Subpoena;Enforcement. must organize and label them to correspond to the categories in the demand.
<br /> (B)Form far Producing Electronically Stored Information Not Spec fed.
<br /> (1)Avoiding Undue Burden or Expense;Sanctions.A party or attorney I f a subpoena does not specify a Conn for producing electronically stored
<br /> responsible for issuing and serving a subpoena must take reasonable steps information,the person responding must produce it in a form or forms in
<br /> to avoid imposing undue burden or expense on a person subject to the which it is ordinarily maintained or in a reasonably usable form or farms.
<br /> subpoena.The court for the district where compliance is required must (C)Electronically Stored Information Produced in Only One Fonn.The
<br /> enforce this duty and impose an appropriate sanction—which may include person responding need not produce the same electronically stored
<br /> lost earnings and reasonable auomey's fees—on a pany or attorney who information in more than one form.
<br /> fails to comply. (D)Inaccessible Electronically Slored lnfornration.The person
<br /> responding need not provide discovery of electronically stored information
<br /> (2)Command to Produce Materials or Permit Inspection. from sources that the personidentifies as not reasonably accessible because
<br /> (A)Appearance Not Required A person commanded to produce of undue burden or cost.On motion to compel discovery or for a protective
<br /> documents,electronically stored information,or tangible things,or to order,the person responding must show that the information is not
<br /> permit the inspection of premises,need not appear in person at the place of reasonably accessible because of undue burden or cost.If that showing is
<br /> production or inspection unless also commanded to appear for a deposition, made,the court may nonetheless order discovery from such sources if the
<br /> hearing,or trial. requesting parry shows good cause,considering the limitations of Rule
<br /> (B)Objections.A person commanded to produce documents or tangible 26(b)(2)(C).The court may specify conditions for the discovery.
<br /> things or to permit inspection may serve on the party or auomey designated
<br /> in the subpoena a written objection to inspecting,copying,testing,or (2)Claiming Privilege or Protection.
<br /> sampling any or all of the materials or to inspecting[Ire premises—or to (A)Information Withheld A person withholding subpoenaed information
<br /> producing electronically stored information in the form or fors requested. under a claim that it is privileged or subject to protection as trial-preparation
<br /> The objection must be served before the earlier of the time specified for material must:
<br /> compliance or 14 days after the subpoena is served.If an objection is made, (i)expressly make the claim;and
<br /> the following rules apply: (if)describe the nature of the withheld documents,communications,or
<br /> (i)At any time,on notice to the commanded person,the serving party tangible things in a manner that,without revealing information itself
<br /> may move the court for the district where compliance is required for an privileged or protected,will enable the parties to assess the claim.
<br /> order compelling production or inspection. (B)information Produced.If information produced in response to a
<br /> (ii)These acts may be required only as directed in the order,and the subpoena is subject to a claim of privilege or of protection as
<br /> order must protect a person who is neither a party nor a party's officer from trial-preparation material,the person making the claim may notify any party
<br /> significant expense resulting from compliance. that received the information of the claim and the basis for it.After being
<br /> notified,a party must promptly return,sequester,or destroy the specified
<br /> (3)Quashing or Mod/fying a Subpoena. information and any copies it has;must not use or disclose the information
<br /> (A)When Required.On timely motion,the court for the district where until the claim is resolved;must take reasonable steps to retrieve the
<br /> compliance is required must quash or modify a subpoena that: information if the party disclosed it before being notified;and rosy promptly
<br /> (i)fails to allow a reasonable time to comply; present the information under seal to the court for the district where
<br /> (ii)requires a person to comply beyond the geographical limits compliance is required for a determination of the claim.The person who
<br /> specified in Rule 45(c); produced the information must preserve the information until the claim is
<br /> (iii)requires disclosure of privileged or other protected matter,if no resolved.
<br /> exception or waiver applies;or
<br /> (iv)subjects a person to undue burden. (g)Contempt.
<br /> (B)When Permilled.To protect a person subject to or affected by a The coup for the district where compliance is required—and also,after a
<br /> subpoena,the court for the district where compliance is required may,on motion is transferred,the issuing court—may,hold in contempt a person
<br /> motion,quash or modify the subpoena if it requires: who,having been served,fails without adequate excuse to obey the
<br /> (1)disclosing a trade secret or other confidential research, subpoena or an order related to it.
<br /> development,orcommercial information;or
<br /> For access to subpoena materials,see Fed.R.Civ.P.45(a)Committee Note(2013).
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