![]() Typically, the objector presents evidence in the form of a sworn declaration, which provides details as to why compliance would be burdensome or expensive. Additionally, Rule 45(d)(2)(B)(ii) requires an order on a motion to compel or for protective order to “protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.” Rule 45(d)(3)(A)(iii) provides that the court may quash or modify a subpoena if it “subjects a person to undue burden.” Courts evaluating an undue burden challenge require an evidentiary basis to limit the subpoena. Rule 45(d)(1) requires parties issuing a subpoena to “take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.” Fed. Subpoena recipients often object on the ground that compliance with the subpoena is unduly burdensome and expensive. ![]() Rule 26(b)’s proportionality limitations also apply equally to subpoenas to non-parties. Accordingly, concern for the unwanted burden thrust upon non-parties is a factor entitled to special weight in evaluating the balance of competing needs.” Cusumano v. Non-parties have a different set of expectations. Although discovery is by definition invasive, parties to a lawsuit must accept its travails as a natural concomitant of modern civil litigation. Similarly, the First Circuit has held that: “t is also noteworthy that the respondents are strangers to the. However, courts have routinely held that “it is a generally accepted rule that standards for non-party discovery require a stronger showing of relevance than for party discovery.” See, e.g., Pinehaven Plantation Prop., LLC v. The standard for relevance in Rule 26 applies to a subpoena to a non-party. However, the non-party has the right to object on relevance grounds to avoid production. It may seem awkward to object to a subpoena on relevance grounds in a case in which the recipient is not a party. ![]() However, Rule 45(f) permits the court where compliance is required to transfer a motion to compel or for protective order to the issuing court “if the person subject to the subpoena consents” or “if the court finds exceptional circumstances.” The phrase “exceptional circumstances” enjoys a very broad interpretation, including, for example, situations where the issuing court has in-depth knowledge of the issues in the case and has invested substantial time resolving related discovery issues. ![]() Similarly, the subpoena recipient may file a motion to quash or modify the subpoena in the court where compliance is required. The serving party must file its motion to compel in the court where compliance is required. Who Resolves Objections? The district court where compliance is required has jurisdiction to resolve objections.Objections not served within the 14-day deadline are waived. Objections are usually due well before the date of production. However, Rule 45(d)(2)(B) requires the recipient to serve written objections before the earlier of the date of compliance or 14 days after service of the subpoena. When Are Objections Due? A subpoena must command the recipient to produce documents at a specific time.Instead, compliance occurs in the state where the person resides, or within 100 miles of where the person resides. A non-resident non-party cannot, however, be compelled to produce documents in the jurisdiction where the action is pending. Which Court Issues the Subpoena? Rule 45(a)(2) provides that the court where the action is pending issues the subpoena, even if the recipient is not located in that jurisdiction.
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