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

35 Pages Posted: 17 Nov 2008  

Jay C. Carlisle

Pace University - School of Law

Date Written: 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.

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: https://ssrn.com/abstract=1301014

Jay C. Carlisle (Contact Author)

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

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