LCJ Public Comment on Proposed Rule 45 Amendment Concerning Service of Subpoenas and Fixing Three Critical Problems with Non-Party Subpoenas

LCJ’s Public Comment on the Advisory Committee’s proposed amendment to FRCP 45 takes issue with the need for the proposed changes and highlights the uncertainty and likelihood of new litigation that would follow from the expanded list of untested methods of service. Instead, LCJ urges the Advisory Committee to fix what’s “broken” with Rule 45 by drafting an amendment addressing the burdens of unreimbursed third-party costs of producing documents, offering direction for protecting private and confidential information, and providing guidance for avoiding the pervasive burdens of privilege logging. Click here to read the comment.