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Federal Rule of Civil Procedure 45 allows a court to quash a subpoena that requires a party to produce certain sensitive information. The examples provided in Rule 45 include trade secrets and confidential research, development, or commercial information.
A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address.
Rule 12-I(a) provides that a moving party must seek consent of other affected parties prior to the filing of a motion, except with respect to Rule 11 motions for imposition of sanctions. In these instances, a good faith effort to resolve the disputed issues is required.
Under Rule 45, a court is authorized to quash a subpoena "on timely motion." Fed. R. Civ. P.
Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of court.
Undue Burden. Rule 45(d)(1) requires parties issuing a subpoena to ?take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.? Fed. R. Civ. P. 45(d)(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.
No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.