Changes

       (A) Requirements--In General. Every subpoena must:

       (A) Requirements--In General. Every subpoena must:

         (i) state the court from which it issued;

         (i) state the court from which it issued;

         (ii) state the title of the action, the court in which it is pending, and its civil-action number;

         (ii) state the title of the action, the court in which it is pending, and its<br /> civil-action number;

         (iii) command each person to whom it is directed to do the following at a specified time and place: attend and testify; produce designated documents, electronically stored information, or tangible things in that person's possession, custody, or control; or permit the inspection of premises; and

         (iii) command each person to whom it is directed to do the following at a<br /> specified time and place: attend and testify; produce designated documents,<br /> electronically stored information, or tangible things in that person's possession,<br /> custody, or control; or permit the inspection of premises; and

         (iv) set out the text of Rule 45(c) and (d).

         (iv) set out the text of Rule 45(c) and (d).

       (B) Command to Attend a Deposition--Notice of the Recording Method. A subpoena commanding attendance at a deposition must state the method for recording the testimony.

       (B) Command to Attend a Deposition--Notice of the Recording Method. A subpoena<br /> commanding attendance at a deposition must state the method for recording the testimony.

       (C) Combining or Separating a Command to Produce or to Permit Inspection; Specifying the Form for Electronically Stored Information. A command to produce documents, electronically stored information, or tangible things or to permit the inspection of premises may be included in a subpoena commanding attendance at a deposition, hearing, or trial, or may be set out in a separate subpoena. A subpoena may specify the form or forms in which electronically stored information is to be produced.

       (C) Combining or Separating a Command to Produce or to Permit Inspection; Specifying<br /> the Form for Electronically Stored Information. A command to produce documents,<br /> electronically stored information, or tangible things or to permit the inspection of<br /> premises may be included in a subpoena commanding attendance at a deposition, hearing,<br /> or trial, or may be set out in a separate subpoena. A subpoena may specify the form or<br /> forms in which electronically stored information is to be produced.

       (D) Command to Produce; Included Obligations. A command in a subpoena to produce documents, electronically stored information, or tangible things requires the responding party to permit inspection, copying, testing, or sampling of the materials.

       (D) Command to Produce; Included Obligations. A command in a subpoena to produce<br /> documents, electronically stored information, or tangible things requires the responding<br /> party to permit inspection, copying, testing, or sampling of the materials.

   (2) Issued from Which Court. A subpoena must issue as follows:

   (2) Issued from Which Court. A subpoena must issue as follows:

       (A) for attendance at a hearing or trial, from the court for the district where the hearing or trial is to be held;

       (A) for attendance at a hearing or trial, from the court for the district where the<br /> hearing or trial is to be held;

       (B) for attendance at a deposition, from the court for the district where the deposition is to be taken; and

       (B) for attendance at a deposition, from the court for the district where the<br /> deposition is to be taken; and

       (C) for production or inspection, if separate from a subpoena commanding a person's attendance, from the court for the district where the production or inspection is to be made.

       (C) for production or inspection, if separate from a subpoena commanding a person's<br /> attendance, from the court for the district where the production or inspection is to be<br /> made.

   (3) Issued by Whom. The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may issue and sign a subpoena as an officer of:

   (3) Issued by Whom. The clerk must issue a subpoena, signed but otherwise in blank, to a<br /> party who requests it. That party must complete it before service. An attorney also may<br /> issue and sign a subpoena as an officer of:

       (A) a court in which the attorney is authorized to practice; or

       (A) a court in which the attorney is authorized to practice; or

       (B) a court for a district where a deposition is to be taken or production is to be made, if the attorney is authorized to practice in the court where the action is pending.

       (B) a court for a district where a deposition is to be taken or production is to be<br /> made, if the attorney is authorized to practice in the court where the action is pending.

   

   

(b) Service.

(b) Service.

   

   

(d) Duties in Responding to a Subpoena.

(d) Duties in Responding to a Subpoena.

   (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:

   (1) Producing Documents or Electronically Stored Information. These procedures apply to<br /> producing documents or electronically stored information:

       (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.

       (A) Documents. A person responding to a subpoena to produce documents must produce<br /> them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.

       (B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.

       (B) Form for Producing Electronically Stored Information Not Specified. If a subpoena<br /> does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.

       (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.

       (C) Electronically Stored Information Produced in Only One Form. The person<br /> responding need not produce the same electronically stored information in more than one form.

       (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information form sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

       (D) Inaccessible Electronically Stored Information. The person responding need not<br /> provide discovery of electronically stored information form sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

   (2) Claiming Privilege or Protection.

   (2) Claiming Privilege or Protection.

       (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:

       (A) Information Withheld. A person withholding subpoenaed information under a claim<br /> that it is privileged or subject to protection as trial-preparation material must:

         (i) expressly make the claim; and

         (i) expressly make the claim; and

         (ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

         (ii) describe the nature of the withheld documents, communications, or tangible<br /> things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

       (B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

       (B) Information Produced. If information produced in response to a subpoena is<br /> subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

   

   

(e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii).

(e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii).

[[category:civil procedure]]

[[category:civil procedure]]