Discovery
Subpoenas and Non-Party Discovery
A subpoena compels a non-party to appear for a deposition or hearing, produce documents and things, or permit inspection of premises. It issues from the court where the action is pending but is subject to geographic limits on compliance.
The issuing party must take reasonable steps to avoid imposing undue burden, and the recipient may object or move to quash.
Alternative Names:
Third-Party Subpoena, Rule 45 Subpoena
Why it Matters?
Non-party discovery is where much of the decisive evidence lives: employers, treating providers, prior counsel, telematics vendors, and comparator businesses. The practical constraints are geography and notice, since compliance is limited to within one hundred miles or within the state in most circumstances, and parties must be given notice before service so they can object.
Frequently Confused with
Related terms
Frequently asked questions
How far can a subpoena reach geographically?
Must parties be notified before a records subpoena is served?
