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Monday, February 12, 2024

Subpoenas

There's likely to be a couple points on the MBE to grab by knowing a few things about subpoenas. 

The purpose of a subpoena is to require a person to attend a trial, hearing or deposition. But the extent to which this demand is allowable has its limits. Specifically, a subpoena can demand attendance of someone if the place at where the person will be required to attend is within 100 miles of where the person resides, is employed, or regularly transacts business in person. Don't confuse this one with a similar 100 mile "bulge rule" which instead relates to service of process. 

In addition to the above, a subpoena can demand attendance if the place at where the person will be required to attend is within the state where the person resides, is employed, or regularly conducts business in person. Importantly, though, this only applies if the person is a party to the lawsuit (or a party's officer) or if the person required to attend is a non-party and would not incur substantial expense in attending. Might be noted that this additional rule for parties to the lawsuit only applies for trials or hearings; there's no need for a subpoena to compel a party to the lawsuit to attend a deposition; others rule cover that. 

In addition to requiring a person to attend a trial, hearing, or deposition, a subpoena may also require production of documents, electronically stored information, or tangible things, at a place within 100 miles of the place where the person resides, is employed, or regularly transacts business in person. A subpoena may likewise require the inspection of premises at the premises to be inspected. 

I wouldn't anticipate a lot of questions on this topic, but it's been tested in the past. And what's been tested in the past is a good indication of what might be tested in the future. 

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