Guam Subpoena for Documents to a Nonparty

State:
Multi-State
Control #:
US-PI-0315
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample subpoena seeking documents, served upon a non-party to the action.
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FAQ

A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and. (B) inspection of premises at the premises to be inspected.

A court of the United States may order the issuance of a subpoena requiring the appearance as a witness before it, or before a person or body designated by it, of a national or resident of the United States who is in a foreign country, or requiring the production of a specified document or other thing by him, if the ...

B. A subpoena issued in the United States for service on a person other than a U.S. citizen or permanent resident alien has no force or effect outside the United States. Consular officers have no authority to serve subpoenas on non-U.S. citizens or permanent resident aliens.

They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.

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.

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).

Rule 45(c)(1) provides that the ?place of compliance? for subpoenas and the geographical scope of a court's authority to command a witness to testify at a trial, hearing, or deposition are: ?(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state ...

Time to Object Under FRCP 45(d)(2)(B) Absent an agreement or court order stating otherwise, a subpoena recipient must serve any written objections on the party or attorney designated in the subpoena before the earlier of: The subpoena's return date (which issuing counsel sets). 14 days after the subpoena is served.

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Guam Subpoena for Documents to a Nonparty