The Subpoena Survival Guide: Rule 45 from All Three Sides

46 questions on the subpoena survival guide, answered and cited by the UpLaw editorial team.

• Are boilerplate objections to a subpoena effective?
• Can a subpoena force me to travel across the country with documents?
• Can a subpoena motion be transferred to the court hearing the case?
• Can I be held in contempt for not complying with a subpoena?
• Can I make the party that subpoenaed me pay my costs of complying?
• Can I move to quash a subpoena that was served on someone else?
• Can I object to some requests in a subpoena and comply with others?
• Do courts treat nonparties differently from parties when weighing discovery burden?
• Does a protective order motion have to be filed before the subpoena compliance date?
• Does Rule 26(b)(2)(C) help when the same documents are available from a party?
• Does the issuing party have to tell the other parties before subpoenaing a nonparty?
• Does the same Rule 45 framework apply in state court?
• How do I protect confidential material that is going to be produced anyway?
• How long do I have to object to a subpoena?
• How should a defendant sort its arguments against subpoenas served on its business partners?
• How should I draft subpoena requests so they hold up?
• I am a passive minority investor and I was subpoenaed about a company I invested in. What are my best arguments?
• If I have standing to challenge a third-party subpoena, can I argue it is burdensome on the nonparty?
• I received a subpoena but I am not a party to the lawsuit. Can I ignore it?
• Is everything demanded in a subpoena automatically discoverable?
• Should I try to negotiate before filing a subpoena motion?
• What are my options when I am served with a document subpoena as a nonparty?
• What are the ethical limits when coordinating with subpoenaed nonparties?
• What are the four things everyone should know about subpoena practice?
• What checklist should a nonparty follow after being served with a subpoena?
• What checklist should a party follow when issuing subpoenas?
• What counts as a “personal right or privilege” giving a party standing to challenge a third-party subpoena?
• What did Legal Voice v. Stormans hold about shifting subpoena costs to the issuing party?
• What does a well-drafted subpoena objection actually look like?
• What fee-shifting exposure comes with subpoena fights?
• What happens if I miss the 14-day deadline to object to a subpoena?
• What is a Rule 502(d) clawback order and why does it matter in subpoena practice?
• What is a subpoena under Federal Rule of Civil Procedure 45?
• What is the coordinated or “pincer” defense against nonparty subpoenas?
• What is the cost risk of serving an overbroad subpoena on a nonparty?
• What is the first thing I should do when a subpoena arrives?
• What is the right tool for a party that wants to stop subpoenas aimed at its business partners?
• What nonparty records does a trademark plaintiff typically seek?
• What should an issuing party offer a subpoenaed nonparty to avoid a fight?
• What should I check first if my opponent is subpoenaing my business partners?
• When is it improper to subpoena a defendant's investors?
• When must a court quash or modify a subpoena?
• Where do I file a motion to quash a subpoena?
• Who actually issues a subpoena — the court or the opposing lawyer?
• Why do trademark cases generate so many third-party subpoenas?
• Why is a written objection usually better than a motion to quash?