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Amendments to FRCP 45 Enacted
By Michael P. Lowry
On December 1, 2013, an amended FRCP 45 went into effect. Why did it require amendment? “Current Rule 45 creates what the Advisory Committee came to call a ‘three-ring circus’ of challenges for the lawyer seeking to use a subpoena.” Report of the Civil Rules Advisory Committee, May 8, 2012 (page 80 of the link). Those with federal cases need to be aware of the changes this post attempts to address. As always, I encourage you to actually read the rule yourself.
To help put these changes in context, consider this hypothetical. Assume I am defending a car manufacturer against a product case involving one of their fine automobiles cars. The case is venued in the District of Nevada. I want to inspect what remains of the car; envision the car inspection scene from Fight Club. The purportedly defective car, however, is at a junk yard, partially covered by a tattered blue tarp storage facility, where it is protected from the elements, located in the Eastern District of Michigan. The storage facility hates lawyers will not permit an inspection without a subpoena. Read Full Article
Nitty Gritty Discovery Requests
By Joshua Gilliland, Esq.
US Senior District Judge John Kane took on multiple discovery disputes against a Plaintiff in a wage and hour case. It is an amazing case study of what could be requested in a case.
Requesting Communications Off the Girlfriend’s Computer
The Defendants requested all ESI communications regarding the case, which included the Plaintiff’s girlfriend’s computer.
The Plaintiff objected to information from the Plaintiff’s girlfriend’s computer being searched because the information was irrelevant. Read Full Article