Non-party discovery proceeds by subpoena under Rule 45 rather than by request or notice. Non-parties may object, move to quash, and seek cost shifting for compliance expense.
Courts protect non-parties from burden more readily than parties.
Alternative Names:
Third-Party Discovery, Discovery from Non-Parties
Why it Matters?
The heightened protection non-parties receive is what shapes strategy, since a non-party can obtain cost shifting and burden relief unavailable to a party facing the same request. That makes narrow, targeted subpoenas more productive than broad ones. Non-party discovery is also frequently the only route to critical evidence, including insurer files, employer records, and vendor data that a party does not control.
Frequently Confused with
Related terms
Frequently asked questions
How does non-party discovery differ from party discovery?
When is it necessary?
