Post Process

Everything to do with E-discovery & ESI

Archive for the ‘FRCP 45’ Category

Case Blurb: Hoover; Standards for Motion to Quash Subpoena

Posted by rjbiii on November 23, 2008

Rule 45 governs the issuance of subpoenas, and provides that on timely motion, the issuing court must quash or modify a subpoena if it requires disclosure of privileged or other protected matter, or otherwise subjects the subpoenaed person to undue burden. FED. R. CIV. P. 45(c)(3). Under Rule 45(c)(1), “[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.” FED. R. CIV. P. 45(c)(1). Furthermore, Rule 45(c)(3) further provides that “[o]n timely motion, the issuing court must quash or modify a subpoena that . . . fails to allow a reasonable time to comply.” FED. R. CIV. P. 45(c)(3).

Hoover v. Fla. Hydro, Inc., 2008 U.S. Dist. LEXIS 87839 at *4 (E.D. La. Oct. 1, 2008)

Advertisements

Posted in 5th Circuit, Case Blurbs, E.D. La., FRCP 45, FRCP 45(c), Magistrate Judge Karen Wells Roby, Motion to Quash, Subpoenas, Third Parties | Leave a Comment »

Case Blurb: NSA Telecom Records Litigation; Discussing Preservation of Relevant Data

Posted by rjbiii on November 14, 2007

The duty [to preserve] extends to documents, data and tangible things in the possession, custody and control of the parties to this action…

“Preservation” is to be interpreted broadly to accomplish the goal of maintaining the integrity of all documents, data and tangible things reasonably anticipated to be subject to discovery under FRCP 26, 45 and 56(e) in this action. Preservation includes taking reasonable steps to prevent the partial or full destruction, alteration, testing, deletion, shredding, incineration, wiping, relocation, migration, theft, or mutation of such material, as well as negligent or intentional handling that would make material incomplete or inaccessible.

Posted in 9th Circuit, Case Blurbs, Duty to Preserve, FRCP 26, FRCP 45, FRCP 56(e), N.D. Cal. | Tagged: , | Leave a Comment »