Subpoenas: Enforcing a Subpoena (Federal)

by David J. Lender, Jared R. Friedmann, Weil, Gotshal & Manges LLP with Practical Law Litigation

A Practice Note that analyzes the key issues for parties seeking to enforce subpoenas and obtain evidence from nonparties in federal civil litigation under Rule 45 of the Federal Rules of Civil Procedure (FRCP). This Practice Note explains how to enforce a subpoena through motions to compel compliance or for contempt sanctions. It discusses the strategic considerations for choosing between a motion under FRCP 37 and FRCP 45, and outlines the procedural requirements for each. Key topics covered include identifying the proper court for enforcement—the issuing court versus the compliance court—attorney admissions for ancillary proceedings, and navigating local court and judge-specific rules. This Practice Note also addresses the complexities of filing miscellaneous actions to enforce subpoenas in different districts, the potential for transferring a subpoena-related motion, and the standards for appealing court orders that grant or deny the requested discovery.