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0 tracked cards Civil Procedure

A patent case is pending in federal court in State A. The plaintiff served a subpoena on a nonparty supplier headquartered in State B, seeking emails and design drawings. The subpoena commanded production at plaintiff's counsel's office in State A, 600 miles from the supplier's headquarters. The plaintiff did not serve notice and a copy of the subpoena on the defendant before serving the supplier. The supplier objects and wants to move to quash.
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The subpoena cannot request electronically stored information from a nonparty. The subpoena must issue from the court where the action is pending, but compliance and motions to compel or quash are generally handled through the court for the district where compliance is required. A subpoena can never be quashed for undue burden if the issuing party agrees to pay copying costs. A nonparty served with a document subpoena must appear in person at the production location even if the subpoena commands only production of documents.

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