Changes

   

   

(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<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.

   (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<br /> expense on a person subject to the subpoena. The issuing court must enforce this duty and<br /> impose an appropriate sanction--which may include lost earnings and reasonable attorney's<br /> 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<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.

       (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<br /> appear in person at the place of production or inspection unless also commanded to appear<br /> 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<br /> inspection may serve on the party or attorney designated in the subpoena a written<br /> objection to inspecting, copying, testing or sampling any or all of the materials or to<br /> inspecting the premises--or to producing electronically stored information in the form or<br> forms requested. The objection must be served before the earlier of the time specified for<br /> compliance or 14 days after the subpoena is served. If an objection is made, the following<br /> 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<br /> issuing court for an order compelling production or inspection.

         (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance.

         (ii) These acts may be required only as directed in the order, and the order must<br /> protect a person who is neither a party nor a party's officer from significant expense<br /> resulting from compliance.

   (3) Quashing or Modifying a Subpoena.

   (3) Quashing or Modifying a Subpoena.

       (A) When Required. On timely motion, the issuing court must quash or modify a subpoena that:

       (A) When Required. On timely motion, the issuing court must quash or modify a subpoena<br /> that:

         (i) fails to allow a reasonable time to comply;

         (i) fails to allow a reasonable time to comply;

         (ii) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person--except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held;

         (ii) requires a person who is neither a party nor a party's officer to travel more<br /> than 100 miles from where that person resides, is employed, or regularly transacts business<br /> in person--except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to<br /> attend a trial by traveling from any such place within the state where the trial is held;

         (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or

         (iii) requires disclosure of privileged or other protected matter, if no exception<br /> or waiver applies; or

         (iv) subjects a person to undue burden.

         (iv) subjects a person to undue burden.

       (B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires:

       (B) When Permitted. To protect a person subject to or affected by a subpoena, the<br /> issuing court may, on motion, quash or modify the subpoena if it requires:

         (i) disclosing a trade secret or other confidential research, development, or commercial information;

         (i) disclosing a trade secret or other confidential research, development, or<br /> commercial information;

         (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or

         (ii) disclosing an unretained expert's opinion or information that does not describe<br /> specific occurrences in dispute and results from the expert's study that was not requested<br /> by a party; or

         (iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial.

         (iii) a person who is neither a party nor a party's officer to incur substantial<br /> expense to travel more than 100 miles to attend trial.

       (C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:

       (C) Specifying Conditions as an Alternative. In the circumstances described in Rule<br /> 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance<br /> or production under specified conditions if the serving party:

         (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and

         (i) shows a substantial need for the testimony or material that cannot be otherwise<br /> met without undue hardship; and

         (ii) ensures that the subpoenaed person will be reasonably compensated.

         (ii) ensures that the subpoenaed person will be reasonably compensated.