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Birmingham Bar Association Spring 2014

Contributor Steven C. Corhern A version of this quick-reference chart is available for download at http://www.balch.com/files/upload/toFed.R.Civ.P.45(2013).pdf The Need to Update Existing Subpoena Forms Under the old and new versions of Rule 45(a)(1)(A)(iv), a subpoena must set forth the text of Rule 45(d) and (e), (formerly subsections (c) and (d)). Because the 2013 Amendments made several changes to the text of these subsections, practitioners should review and update their existing subpoena templates to reflect these changes. *** This article has briefly identified and explained the major substantive changes to Federal Rule of Civil Procedure 45. However, as my civil procedure professor put it on my first day of law school, there is no substitute for actually reading the rule. Accordingly, all practitioners should carefully review the text of the new Rule 45 before seeking a subpoena in federal court. G Civil Procedure 1 The new rule does not alter the requirements for serving a subpoena in a foreign country, which are still governed by 28 U.S.C. § 1783. 2 At the same time, the Advisory Committee Note makes clear that the depositions of “parties, and officers, directors, and managing agents of parties need not involve the use of a subpoena” and that a court can punish a party’s failure to attend a properly noticed deposition under Rule 37(b) without regard to the geographical limitations set forth by Rule 45(c). 3 One thing not addressed by the new rule is what papers a party opposing a subpoena must file with the court where compliance is required (assuming it is not the issuing court) to bring an issue before that court. Birmingham Bar Bulletin/ Spring 2014 33


Birmingham Bar Association Spring 2014
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