Allman Public Comment on proposed FRCP 45 amendments regarding reimbursement of third-party subpoena respondents

FRCP 45(d)(2)(B)(ii) requires courts to protect third parties from “significant” expense resulting from compliance with a “documents only” subpoena. In a public comment on proposed amendments to FRCP 45, Tom Allman, chair emeritus of Sedona Conference Working Group 1 and an emeritus member of Lawyers for Civil Justice, writes that the Advisory Committee on Civil Rules should consider an amendment “fine tuning” Rule 45 to make clear that third party respondents to subpoenas are entitled to full reimbursement of “significant” expenses.

Allman also urges the rejection of an amendment to the “significance” standard under Rule 45(d)(2)(B), which currently provides protection against “disproportionate” expenses for third parties complying with Rule 45 subpoenas. Allman argues that that the ability to bear costs should not be made relevant to the determination of the “significance” of costs of compliance under the rule.

Please click here to read the comment.