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