May 22, 2014

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Non-Parties and Electronic Discovery: Limiting the Scope and Cost of Responding to Invasive Rule 45 Subpoenas

   Authors:

   
William B. McManus   
bmcmanus@rcalaw.com   
602-440-4838 

Kevin Heaphy
kheaphy@rcalaw.com
602-440-4822

This article examines the ways that a non-party to a lawsuit can both meet its obligation to respond to a Rule 45 subpoena and protect itself from unduly burdensome and invasive discovery requests. Employing an active approach to discovery, non-parties can narrow the scope of subpoenas, define what is within their "custody or control," limit the format for responding to subpoenas, and satisfy their own privacy requirements to protect confidential information. This article also examines the circumstances under which a non-party can shift the cost of complying with a subpoena to the party requesting information.

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Opinions expressed herein are those of the authors and do not constitute legal advice regarding any specific matter or situation. Legal advice can be given, and an attorney-client relationship can be formed, only on the basis of specific facts discussed between client and attorney pursuant to an engagement to perform legal services.

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This is a publication of Ryley Carlock & Applewhite. It is intended to provide general information about developments in law. It does not constitute legal advice. Readers are advised to consult an attorney to discuss the applicability of the legal principles described herein to specific circumstances.

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