Changes

   

   

(b) Service.

(b) Service.

   (1) By Whom; Tendering Fees; Serving a Copy of Certain Subpoenas. Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law. Fees and mileage need not be tendered when the subpoena issues on behalf of the United States or any of its officers or agencies. If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served, a notice must be served on each party.

   (1) By Whom; Tendering Fees; Serving a Copy of Certain Subpoenas. Any person who is at<br /> least 18 years old and not a party may serve a subpoena. Serving a subpoena requires<br /> delivering a copy to the named person and, if the subpoena requires that person's<br /> attendance, tendering the fees for 1 day's attendance and the mileage allowed by law.<br /> Fees and mileage need not be tendered when the subpoena issues on behalf of the United<br /> States or any of its officers or agencies. If the subpoena commands the production of<br /> documents, electronically stored information, or tangible things or the inspection of<br /> premises before trial, then before it is served, a notice must be served on each party.

   (2) Service in the United States. Subject to Rule 45(c)(3)(A)(ii), a subpoena may be served at any place:

   (2) Service in the United States. Subject to Rule 45(c)(3)(A)(ii), a subpoena may be<br /> served at any place:

       (A) within the district of the issuing court;

       (A) within the district of the issuing court;

       (B) outside that district but within 100 miles of the place specified for the deposition, hearing, trial, production, or inspection;

       (B) outside that district but within 100 miles of the place specified for the<br /> deposition, hearing, trial, production, or inspection;

       (C) within the state of the issuing court if a state statute or court rule allows service at that place of a subpoena issued by a state court of general jurisdiction sitting in the place specified for the deposition, hearing, trial, production, or inspection; or

       (C) within the state of the issuing court if a state statute or court rule allows<br /> service at that place of a subpoena issued by a state court of general jurisdiction<br /> sitting in the place specified for the deposition, hearing, trial, production, or<br /> inspection; or

       (D) that the court authorizes on motion and for good cause, if a federal statute so provides.

       (D) that the court authorizes on motion and for good cause, if a federal statute so<br /> provides.

   (3) Service in a Foreign Country. 28 U.S.C. § 1783 governs issuing and serving a subpoena directed to a United States national or resident who is in a foreign country.

   (3) Service in a Foreign Country. 28 U.S.C. § 1783 governs issuing and serving a<br /> subpoena directed to a United States national or resident who is in a foreign country.

   (4) Proof of Service. Proving service, when necessary, requires filing with the issuing court a statement showing the date and manner of service and the names of the persons served. The statement must be certified by the server.

   (4) Proof of Service. Proving service, when necessary, requires filing with the issuing<br /> court a statement showing the date and manner of service and the names of the persons<br /> served. The statement must be certified by the server.

   

   

(c) Protecting a Person Subject to a Subpoena.

(c) Protecting a Person Subject to a Subpoena.

   (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction--which may include lost earnings and reasonable attorney's fees--on a party or attorney who fails to comply.

   (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for<br /> issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction--which may include lost earnings and reasonable attorney's fees--on a party or attorney who fails to comply.

   (2) Command to Produce Materials or Permit Inspection.

   (2) Command to Produce Materials or Permit Inspection.

       (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.

       (A) Appearance Not Required. A person commanded to produce documents, electronically<br /> stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.

       (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises--or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:

       (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises--or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:

         (i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection.

         (i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection.