Abstract

http://ssrn.com/abstract=1301014
 


 



Nonparty Document Discovery from Corporations and Governmental Entities Under the Federal Rules of Civil Procedure


Jay C. Carlisle


Pace University - School of Law

1987

New York Law School Law Review, Vol. 32, 1987

Abstract:     
This Article will analyze the various approaches courts follow when deciding if a nonparty can be compelled to produce documents located outside the judicial district where a rule 45 subpoena duces tecum is issued. Part I will review the procedure for nonparty document discovery and discuss the decisional law applying the enforcement provisions of rule 45. Part II will analyze the jurisdictional principles used by federal district courts to determine when documents under the control of nonparties, and not located within the territorial limits of the court, should be produced for discovery purposes. Part III will recommend the appropriate approach to be followed by federal district courts when asked to enforce the nonparty subpoena provisions of rule 45.

Number of Pages in PDF File: 35

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Date posted: November 17, 2008  

Suggested Citation

Carlisle, Jay C., Nonparty Document Discovery from Corporations and Governmental Entities Under the Federal Rules of Civil Procedure (1987). New York Law School Law Review, Vol. 32, 1987. Available at SSRN: http://ssrn.com/abstract=1301014

Contact Information

Jay C. Carlisle (Contact Author)
Pace University - School of Law ( email )
78 North Broadway
White Plains, NY 10603
United States
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