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AO Sir (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects orto 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.
<br />(1) For a Trial, Hearing, or Deposition. A subpoena may command a
<br />person to attend a trial, hearing, or deposition only as follows:
<br />(A) within 100 miles of where the person resides, is employed, or
<br />regularly transacts business in person; or
<br />(B) within the state where the person resides, is employed, or regularly
<br />transacts business in person, if the person
<br />(i) is a party or a patty's officer; or
<br />(ii) is commanded to attend a trial and would not incur substantial
<br />expense.
<br />(2) For Other Discovery, A subpoena may command:
<br />(A) production of documents, electronically stored information, or
<br />tangible things at a place within 100 miles of where the person resides, is
<br />employed, or regularly transacts business in person; and
<br />(B) inspection of premises at the premises to be inspected.
<br />(d) Protecting a Person Subject to a Subpoena; Enforcement
<br />(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
<br />responsible for issuing and serving a subpoena must take reasonable steps
<br />to avoid imposing undue burden or expense on a person subject to the
<br />subpoena. The court for the district where compliance is required must
<br />enforce this duty and impose an appropriate sanction—which may include
<br />lost earnings and reasonable attorney's fees—on a party or attorney who
<br />fails to comply.
<br />(2) Command to Produce Materials or Permit Inspection.
<br />(A) Appearance Not Required A person commanded to produce
<br />documents, electronically stored information, or tangible things, or to
<br />permit the inspection of premises, need not appear in person at the place of
<br />production or inspection unless also commanded to appear for a deposition,
<br />heating, or trial.
<br />(B) Objections. A person commanded to produce documents or tangible
<br />things or to pemtit inspection may serve on the party or attorney designated
<br />in the subpoena a written objection to inspecting, copying, testing, or
<br />sampling any or all of the materials or to inspecting the premises—or to
<br />producing electronically stored information in the form or forms requested.
<br />The objection must be served before the earlier of the time specified for
<br />compliance or 14 days after the subpoena is served. If an objection is made,
<br />the following rules apply:
<br />(i) At any time, on notice to the commanded person, the serving parry
<br />may move the court for the district where compliance is required for an
<br />order compelling production or inspection.
<br />(ii) These acts may be required only as directed in the order, and the
<br />order must protect a person who is neither a party nor a party's officer from
<br />significant expense resulting from compliance.
<br />(3) Quashing or Modifying a Subpoena.
<br />(A) When Required. On timely motion, the court for the district where
<br />compliance is required must quash or modify a subpoena that:
<br />(1) fails to allow a reasonable time to comply;
<br />(ii) requires a person to comply beyond the geographical limits
<br />specified in Rule 45(c);
<br />(iii) requires disclosure of privileged or other protected matter, if no
<br />exception or waiver applies; or
<br />(iv) subjects a person to undue burden.
<br />(B) When Permitted. To protect a person subject to or affected by a
<br />subpoena, the coun for the district where compliance is required may, on
<br />motion, quash or modify the subpoena if it requires:
<br />(1) disclosing a trade secret or other confidential research,
<br />development, or commercial information; or
<br />(ii) disclosing an unretained expert's opinion or information that does
<br />not describe specific occurrences in dispute and results from the expert's
<br />study that was not requested by a party.
<br />(C) Specking Comblions as an Alternative. In the circumstances
<br />described in Rule 45(d)(3)(B), the court may, instead ofquashing or
<br />modifying a subpoena, order appearance or production under specified
<br />conditions if the serving party:
<br />(i) shows a substantial used for the testimony or material that cannot be
<br />otherwise met without undue hardship; and
<br />(11) ensures that the subpoenaed person will be reasonably compensated.
<br />(e) Duties in Responding to a Subpoena.
<br />(1) Producing Documents or Electronically Stored information. These
<br />procedures apply to producing documents or electronically stored
<br />information:
<br />(A) Documents. 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 />must organize and label them to correspond to the categories in the demand.
<br />(B) Form for Producing Electronically Stored Information Not Specified.
<br />If a subpoena does not specify a form for producing electronically stored
<br />information, the person responding must produce it in a form or forms in
<br />which it is ordinarily maintained or in a reasonably usable form or forms.
<br />(C) Electronically Stored Information Produced in Only One Form. The
<br />Person responding need not produce the same electronically stored
<br />information in more than one forth.
<br />(D) Inaccessible Electronically Slored Infornnation. The person
<br />responding need not provide discovery of electronically stored information
<br />from sources that the person'identiftes as not reasonably accessible because
<br />of undue burden or cost. On motion to compel discovery or for a protective
<br />order, the person responding must show that the information is not
<br />reasonably accessible because of undue burden or cost. If that showing is
<br />made, the court may nonetheless order discovery from such sources if the
<br />requesting party shows good cause, considering the limitations of Rule
<br />26(b)(2)(C). The court may specify conditions for the discovery.
<br />(2) Claiming Privilege or Protection.
<br />(A) Information Withheld. A person withholding subpoenaed information
<br />trader claim that it is privileged or subject to protection as trial -preparation
<br />material must:
<br />(1) expressly make the claim; and
<br />(ii) describe the nature of the withheld documents, communications, or
<br />tangible things in a manner that, without revealing information itself
<br />privileged or protected, will enable the parties to assess the claim.
<br />(B) Information Produced If information produced in response to a
<br />subpoena is subject to a claim of privilege or of protection as
<br />trial -preparation material, the person making the claim may notify any parry
<br />that received the infomration of the claim and the basis for it. After being
<br />notified, a party must promptly return, sequester, or destroy the specified
<br />information and any copies it has; must not use or disclose the information
<br />until the claim is resolved; must take reasonable steps to retrieve the
<br />information if the party disclosed it before being notified; and may promptly
<br />present the information under seal to the court for the district where
<br />compliance is required for a determination of the claim. The person who
<br />produced the information must preserve the information until the claim is
<br />resolved.
<br />(g) Contempt.
<br />The court for the district where compliance is required—and also, after a
<br />motion is transferred, the issuing court—array hold in contempt a person
<br />who, having been served, fails without adequate excuse to obey the
<br />subpoena or an order related to it.
<br />For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
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