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Expert Analysis

New Jurisdictional Issues When Moving To Quash A Subpoena

Law360, New York ( October 22, 2014, 10:35 AM EDT) -- Recent revisions to Federal Rule of Civil Procedure 45 created new jurisdictional issues that litigators should be aware of when considering the proper jurisdiction in which to file a motion to quash a civil subpoena. Rule 45 empowers a party in federal civil litigation to command a nonparty to attend a deposition and to produce documents. Complying with a civil subpoena can be an enormously burdensome undertaking for any nonparty. Subpoenas may also target information that a nonparty considers highly confidential. Accordingly, a threshold question any subpoena recipient faces is whether to move to quash the subpoena. . . .

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