Morris Manning & Martin, LLP

Recent Changes to F.R.C.P. 45 Affect the Use of Subpoenas in Civil Litigation

Federal Rule of Civil Procedure 45 governs the use of subpoenas in civil litigation.  Substantive changes to the text of Rule 45 took effect on December 1, 2013.  The revisions generally focus on four topics: 
(i) how subpoenas are issued and served; 
(ii) the place of compliance and geographic limitations on subpoena recipients; 
(iii) subpoena-related motions; and 
(iv) the availability of contempt as a sanction for noncompliance with a subpoena.  
The Advisory Committee Notes for the 2013 Amendments state that the revisions Rule 45 are intended to clarify and simplify current federal practice for issuing and responding to subpoenas, which had been the cause of confusion and disagreement in the past.  These changes will significantly impact the obligations of businesses of all types in connection with responding to subpoenas in federal court.
The changes to Rule 45 are explained in greater depth in our full client bulletin.  For more information about how these changes may affect your business, please contact the authors or visit

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