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Evidence › Litigation Strategies › Subpoenas

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First Look Agreements: A Strategic Solution for Discovery Disputes

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Collecting evidence in litigation is critical to building a strong case, but it can be tricky – especially when opposing counsel raises objections. When subpoenaing records from a third-party witness, disputes often arise...more

U.S. Legal Support

Challenges in Medical Record Management & Retrieval

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Medical record retrieval is critical to a wide variety of legal disputes. These include cases directly about healthcare-related concerns alongside others that could depend on facts proven through the types of medical records...more

Herbert Smith Freehills Kramer

Reflecting on Recent Sedona Conference Guidance on Managing the Costs and Burdens of Non-Party Subpoenas

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Introduction - The proliferation of data and the rise of affordable cloud computing services has led many companies and organizations to outsource their data storage to third parties, a practice that raises numerous issues...more

Farrell Fritz, P.C.

Pandemic Aftermath: The Rise Of Interstate Depositions And Discovery

Farrell Fritz, P.C. on

With global commerce massively affected by the COVID-19 pandemic, post-pandemic litigation will undoubtedly result in a rise of interstate depositions and discovery. In turn, litigants engaged in actions pending outside of...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

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Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Troutman Pepper Locke

Does Rule 45 Protect Nonparties From Undue Burden?

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Parties can serve subpoenas seeking discovery from nonparties pursuant to Federal Rule of Civil Procedure 45. Originally published in Law360 - October 2, 2018. ...more

Snell & Wilmer

California vs. Federal Practice: Document Requests and Depositions

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Many litigation practices, such as motion drafting, deposition questioning and defending, or presenting oral arguments, cross-apply whether in state or federal court. But, while there are many similarities between ...more

Butler Snow LLP

Wait, Why Am I Receiving This? Practice Pointers on Third Party Responses to Litigation Preservation Demands

Butler Snow LLP on

Most commercial litigators are familiar with the process for responding to a subpoena demanding the production of documents from a non-party to litigation under Federal Rule of Civil Procedure 45. But interesting...more

Burr & Forman

Physicians Must Be Cautious When Responding To A Subpoena or Request for Medical Records

Burr & Forman on

Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information....more

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