BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, October 5, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide trial lawyers with critical guidance on using third-party subpoenas to obtain testimony and evidence under FRCP 45. The panel will also discuss best practices for objecting to, limiting the scope of, and quashing subpoenas.

Faculty

Casey C. DeReus
Miscellaneous

Ms. DeReus has been a devoted personal injury attorney and first-party property attorney. Before starting with Baer Law, LLC, she focused on property insurance claims and personal injury cases.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Jason M. Baer
Managing Partner
Baer Law LLC

Mr. Baer focuses his practice on trucking and transportation casualty, premises liability, and negligent security cases. He also handles complex insurance coverage matters. Mr. Baer has successfully litigated complex cases involving catastrophic injuries and has secured favorable settlements and verdicts for his clients in state and federal court.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Third-party subpoenas (also called non-party subpoenas) present complex issues of jurisdiction and enforcement. These issues are echoed to some extent in states where the rules of procedure are based on the Federal Rules. FRCP 45 requires the court where the action is pending to issue the subpoena instead of the jurisdiction of a non-party recipient or documents.

Federal courts no longer hear challenges to subpoenas where the action is pending. Instead, the respondent must either appear or produce documents to a "compliance court" with jurisdiction to resolve disputes surrounding the response. This requirement reduces the burden on non-parties who can litigate their compliance locally rather than traveling great distances to challenge a third-party subpoena.

Third-party subpoenas trigger the non-party's obligations to preserve material requested by the subpoena. In the case of ESI, objecting to costly and cumbersome preservation and production is critical.

Listen as our authoritative panel of litigators discusses crucial issues that arise when using third-party subpoenas to obtain testimony and evidence under FRCP 45 and best practices for objecting to, limiting the scope of, and quashing subpoenas.

Outline

  1. Preparing and serving third-party subpoenas
    1. Notice of subpoena
    2. Required contents
    3. Issuing & Serving
    4. Witness fees
  2. Enforcing the subpoena
    1. Burden of proof
    2. Basis for motion
    3. Relief sought
    4. Where to make the motion
    5. Substance and required documents
  3. Objecting to or limiting the scope of subpoenas
    1. ESI preservation and production
    2. Deposition subpoenas for corporate officers

Benefits

The panel will review these and other noteworthy issues:

  • What mechanisms does Rule 45 provide for enforcement of the subpoena against non-parties?
  • How does Rule 45 impact deposition or trial subpoenas for corporate officers?
  • What are best practices for non-party recipients of a subpoena for documents to preserve the data and make compelling objections to the subpoena's scope?