Changes

(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<br /> 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<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.

       (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<br /> correspond to the categories in the demand.

       (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.

       (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<br /> responding must produce it in a form or forms in which it is ordinarily maintained or in a<br /> reasonably usable form or forms.

       (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.

       (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<br /> form.

       (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.

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

       (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.

       (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<br /> making the claim may notify any party that received the information of the claim and the<br /> basis for it. After being notified, a party must promptly return, sequester, or destroy the<br /> specified information and any copies it has; must not use or disclose the information until<br /> the claim is resolved; must take reasonable steps to retrieve the information if the party<br /> disclosed it before being notified; and may promptly present the information to the court<br /> under seal for a determination of the claim. The person who produced the information must<br /> 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]]