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Sample objections to Rule 45 subpoena in United States District Court

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These sample objections to a Rule 45 subpoena in United States District Court are used by a party or nonparty to object to a Rule 45 subpoena that requests the production of documents. The sample objections on which this preview is based is 32 pages and include brief instructions, sample objections and a proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample objections to Rule 45 subpoena in United States District Court

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party UNITED STATES DISTRICT COURT ________________ DISTRICT OF _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. ___________’s OBJECTIONS TO ______________’S RULE 45 SUBPOENA DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view over 300 sample legal documents for California and Federal litigation visit: http://www.scribd.com/LegalDocsPro - 1 - _______________’S OBJECTIONS TO __________________’S RULE 45 SUBPOENA
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Be sure to remove this notice and all other notices before using this document. 1 1TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that _________________, a party/responding party in the above styled and numbered cause of action, pursuant to Fed. R. Civ. P. 45(d)(2)(B), and without waiving any further objection and/or assertions of privilege to any specific documents when or if such documents are identified, hereby serves these written objections to _________’ subpoena to produce documents. Be sure to modify this to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Add or delete any numbers above to suit your particular situation. Serve the objections on the other party “before the earlier of” the production date or 14 days after service of the subpoena. See Fed. R. Civ. P. 45 (d)(2)(B). GENERAL OBJECTIONS 1. ____________objects to the subpoena as it fails to allow a reasonable time to comply. 2. _______ objects to the subpoena as it subjects the responding party to undue burden. The document request are unreasonably overbroad and in many respects the responding party can do no more than guess as to the information which is being sought to be produced. Furthermore, the records retention schedule for much of the requested material is five years. _______’ requests span a __ year time period from the present to ____. Trying to search, locate and reconstruct backup drives - 2 - _______________’S OBJECTIONS TO __________________’S RULE 45 SUBPOENA
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for this material is extremely burdensome, time-consuming, labor intensive and expensive for the responding party. Responding party further objects to the subpoena to the extent it requires the responding party to conduct an extensive search of other party’s records, none of which are under the control of the responding party. Assuming the responding party had the authority to conduct such searches, which it does not, such an extensive search poses an undue burden in time, labor and expense. 2. ____________ objects to the Document Requests as overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in determining whether or not ________________________ . To purchase the entire 32 page document visit: https://legaldocspro.myshopify.com/products/sample-objections-to- rule-45-subpoena-in-united-states-district-court - 3 - _______________’S OBJECTIONS TO __________________’S RULE 45 SUBPOENA

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