Understand the federal rules governing third-party subpoenas.
Document discovery isn't limited to direct litigation or internal and employee investigations. Third-party subpoenas often require a similar approach as discovery during litigation. Such subpoenas allow parties in civil litigation to obtain evidence, including documents and testimony, from individuals or organizations who are not part of the lawsuit--that is, from third parties. This presentation will help legal professionals to understand the federal rules governing third-party subpoenas, assess the factors that impact a decision regarding whether to object to a third-party subpoena, understand the subpoena response process, and analyze the various factors that impact the burden of responding to third-party subpoenas.
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Agenda
Governing Rules
- Federal Rule 45
- Requires Issuance of a Subpoena
Subpoena Response Process
- Notifying Members of the Served Party's Organization
- Issue a Legal Hold for Potentially Responsive ESI
- Potential Challenge to Subpoena
- Collect ESI
- Review ESI
- Produce ESI to the Issuing Party
Objecting to Third-Party Subpoenas
- Objections Must Be Made Within 14 Days From When Subpoena Was Received or by the Subpoena's Production Deadline
- A Third Party Who Objects Will Not Need to Comply Unless the Issuing Party Makes a Successful Motion to Compel
- The Duty to Preserve ESI Remains Until the Court Quashes the Subpoena or the Issuing Party Agrees Not to Pursue It
- Grounds for Objecting to Third-Party Subpoenas
- Motions to Quash
Cost Shifting in Subpoena Response
- Unduly Burdensome or Expensive
- Courts May Shift the Cost of Compliance to the Issuing Party Either in Whole or in Part
- Third Parties Objecting to a Document Subpoena Must Provide Specific Evidence About Time, Cost, or Other Burdens Involved in Responding to the Request
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on May 9, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0 including Technology in the Practice of Law 1
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit, of which includes Technology in the Practice of Law for 1.00 hour.
- CO CLE 1.0
- This program has been approved by the Colorado Supreme Court Board of Continuing Legal and Judicial Education for 1.0 hours of CLE.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- ID CLE 1.0
- This program has been approved by the Idaho State Bar for 1.0 CLE hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.0
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 5.
- MN CLE 1.0
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NE CLE 1.0
- This activity has been approved for 1.0 hours of CLE credit in the State of Nebraska.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 63 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Skills 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Skills for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.0
- Approved for 1.0 CLE credits in Oregon.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- SC CLE 1.05
- This program has been approved by the South Carolina Supreme Court Commission on CLE and Specialization for 1.05 hours of mandatory CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
- NALA 1.07
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.07 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Jason R. Mattox
King & Spalding
- Senior attorney, King & Spalding
- Over 20 years of experience in e-discovery as an attorney with King & Spalding Discovery Center
- Member, State Bar of Georgia, e-discovery section
- J.D. degree, Santa Clara University; B.A. degree, cum laude, University of San Diego
- Can be contacted at [email protected] or 404-215-5833
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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