Category Archives: Subpoenas

2014 Changes to Federal Subpoena Rules.

15 Sunday Jun 2014

Posted by in Discovery, Subpoenas

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Changes to Federal Court Subpoena Rules Can Affect Business and Individuals, by Ryan K. Meyer, Fleeson Gooing Website

http://tinyurl.com/oaed43e

Rule 45 of the Federal Rules of Civil Procedure addresses the ability of federal court litigants to obtain relevant information from individuals or entities that are not parties to the litigation. This generally involves the issuance of a subpoena directing the recipient to appear to testify and/or to produce documents. A non-party may be quite surprised to receive a subpoena in a case with which it has no involvement which is being conducted in another state, but the subpoena cannot be ignored. Likewise, when involved in federal court litigation, it is important for a litigant to know what information it can obtain from third parties, and how this must be done.

This article will provide some basic information regarding recent changes that have been made to Rule 45. . . .

Legal Rules Needed For Police To Allow Access To Your Cell Phone Data.

08 Sunday Dec 2013

Posted by in Android Phones, Cell Phones, Criminal Law, Evidence, iPhones, Privacy, Subpoenas

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Cell Data Dumps: A Legally Fuzzy Area, by John Kelly and Susanne Cervenka, USA TODAY

http://tinyurl.com/k9kudm2

The rules governing how police obtain and use data from cellphones is a target on the move, as state legislatures act to protect residents’ privacy and real-life criminal cases wend their way through state and federal courts.

Feel the Need For A Kindergarten Refresher? Judge Sam Sparks Arranges Opportunity for Unfortunate Counsel.

03 Tuesday Dec 2013

Posted by in Court Rules, Discovery, Judges, Sanctions, Subpoenas

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Judge Defends “Kindergarten” Order, by Nathan Koppel, Wall Street Journal Law Blog

http://blogs.wsj.com/law/2011/09/27/austin-judge-defends-his-kindergarten-order/

Changes To Federal Subpoena Amendments Effective December 1, 2013.

28 Thursday Nov 2013

Posted by in Discovery, Federal District Court Rules, Subpoenas

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The Streamlined Subpoena Power under Amended Federal Rule of Civil Procedure 45 – Effective December 1, 2013, Barring Congressional Action, by Tony Lathrop, Litigation Blog

http://tinyurl.com/luyjbu4

 On December 1, 2013, some of the most long-awaited changes to the Civil Rules will take effect – the proposed amendments to Rule 45, which governs the use of subpoenas in federal civil actions.

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The major changes to Rule 45 include: (1) simplifying the rules regarding the court issuing a subpoena, (2) highlighting the notice requirements for document-only subpoenas, (3) clarifying the circumstances under which an officer of a party may be compelled to testify at trial, and (4) permitting the transfer of motions regarding enforcement of a subpoena.  We highlight the substance of these changes below, and provide a brief update regarding the status of the Discovery Amendments.

Judge Sparks on Fire — Again.

23 Saturday Nov 2013

Posted by in Depositions, Discovery, Judges, Legal Writing, Subpoenas, Texas Supreme Court

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Benchslap of the Day: Judge Sparks Burns More Attorneys , by By David Lat, Above the Law

http://tinyurl.com/45y5v3z

Mr. Lat shared this excerpt from the Judge’s Order:

[J]udge Sparks invited lawyers to a hearing that he referred to as a ‘kindergarten party.’ According to the ‘invitation’ — er, order — ‘[t]he party will feature many exciting and informative lessons, including… how to enter into reasonable agreements about deposition dates [and] how to limit depositions to reasonable subject matter.’ The event is aimed at lawyers who ‘are unable to practice law at the level of a first year law student.’