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With the new law regarding E-Discovery now in place, Rule
45 identifies new procedures to follow when your company subpoenaed.
Rule 45. Subpoena
(d) Duties in Responding to Subpoena.
(1)(A) A person responding to a subpoena to produce documents
shall produce them as they are kept in the usual course
of business or shall organize and label them to correspond
with the categories in the demand.
(1)(B) If a subpoena does not specify the form or forms
for producing electronically stored information, a person
responding to a subpoena must produce the information in
a form or forms in which the person ordinarily maintains
it or in a form or forms that are reasonably usable.
(1)(C) A person responding to a subpoena need not produce
the same electronically stored information in more than
one form.
(1)(D) A person responding to a subpoena need not provide
discovery of electronically stored information from sources
that the person identifies as not reasonably accessible
because of undue burden or cost. On motion to compel discovery
or to quash, the person from whom discovery is sought must
show that the information sought 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.
The entire overview for FRCP
- Rule 45 (LII 2007 ed.) may be reviewed online.
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