Here at Lewis & Llewellyn, we frequently handle subpoena issuance and compliance in federal court, particularly for our Fortune 500 clients in the technology and financial sectors. Effective December 1, 2013, Congress has made significant changes to federal subpoena practice.
Among other things:
- All subpoenas will now issue from the court where the case is pending, rather than the court where compliance is required. Rule 45(a)(2).
- New Rule 45(a)(4) clarifies that before a “documents only” subpoena is served on the witness, notice and a copy of the subpoena must be served on all parties.
- The territorial limitations on subpoenas issued to non-party witnesses have been made more explicit.
- New territorial limitations have been placed on subpoenas issued to parties and party officers.
- Motions to quash will now presumptively be heard in the court for the district where compliance is required.
