News & Analysis as of

Rule 45

District Court Denies Ex Parte Motion to Compel Third Party to Produce Documents Where Plaintiff Waited too Long to File Motion

The plaintiff Alexsam, Inc. ("Alexsam") filed an ex parte application to compel compliance with a subpoena to produce documents against a third party to the action, MasterCard. Alexsam had first served a Rule 45 subpoena on...more

Use of Rule 45 Subpoenas in TTAB Proceedings

by McDermott Will & Emery on

The US Court of Appeals for the 10th Circuit clarified the proper discovery procedures for a Rule 45 subpoena to compel a nonparty to produce documents in a trademark dispute before the US Patent and Trademark Office (PTO)...more

Is a Third Party Entitled to its E-Discovery and Attorney Costs for Responding to a Subpoena?

Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the...more

Stop, Think, and Be Careful What You Ask For: Lessons and Opportunities Created by Recent Arbitration Ruling

by Polsinelli on

On April 21, 2015, the Missouri Court of Appeals in City of Chesterfield v. Frederich Construction Inc. upheld an arbitration award that included substantial attorneys' fees to the prevailing party, in a construction case...more

Non-Parties And Electronic Discovery: Limiting The Scope And Cost Of Responding To Invasive Rule 45 Subpoenas

“[D]iscovery is by definition invasive [and] parties to a law suit must accept its travails as a natural concomitant of modern civil litigation.” But “[n]on parties have a different set of expectations” and discovery aimed at...more

Analysis of Amendments to Federal Rules of Civil Procedure 45 and 37

by Foley & Lardner LLP on

The Supreme Court of the United States has made significant amendments to Federal Rule of Civil Procedure 45, which became effective on December 1, 2013. Rule 45 governs the form, issuance, service, enforcement of, compliance...more

The Streamlined Subpoena Power under Amended Federal Rule of Civil Procedure 45 – Effective December 1, 2013, Barring...

by Moore & Van Allen PLLC on

This year several proposed amendments to the Federal Rules of Civil Procedure (“Civil Rules”) are under consideration. In a previous post, we highlighted the most recent proposed amendments to the Civil Rules which focus on...more

Changes to Rule 45 Federal Subpoena Procedure Effective December 1, 2013

by King & Spalding on

Changes to the federal procedures governing subpoenas will become effective December 1, 2013, absent further Congressional action. Four key changes will be...more

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