Discovery, Objections and Subpoenas

Party’s Motion to Quash Subpoena Denied for Lack of Standing

E-Discovery LLC

JULY 2, 2025

1, 2025), states: Defendants oppose the non-party subpoenas on undue burden and relevance grounds. But a “party lacks standing to challenge subpoenas issued to non-parties on the grounds of relevancy or undue burden.” Standing is often an issue in challenges to subpoenas. “It 27, 2024); Who Can Object to a Subpoena? (Nov.

Subpoenas

Subpoenas Objections Discovery Education

Who Can Object to a Subpoena?

E-Discovery LLC

OCTOBER 28, 2024

In doing so, FGH propounded discovery. In pertinent part, FGH served 20 subpoenas on third-party financial institutions. 2005); see also In re Grand Jury Subpoena John Doe, No. Defendants have not plausibly asserted any privilege, proprietary interest, or personal interest in the subpoenaed matter. United States v.

Subpoenas

Subpoenas Objections Discovery Litigation

What Objections May Be Raised to a Subpoena by a Non-Party?

E-Discovery LLC

OCTOBER 15, 2024

July 22, 2024), the Court addressed the type of objections that a subpoenaed non-party may make. That was a novel issue in Maryland. The Court held “that [nonparty] TST had standing to challenge the subpoena on grounds that some of the requests were overbroad and not relevant to the subject matter involved in the divorce action.”

Subpoenas

Subpoenas Objections Discovery Admissibility

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Based on the ESI Protocol, the Limiting “Apex Deposition” Doctrine Applied to Objections to the Designation of a Document Custodian

E-Discovery LLC

JULY 1, 2025

Once that was done, the requesting party could identify three more, “subject to limited objections.” 45 subpoena duces tecum could not have been served on the non-party document custodian and avoided the designation issue. The ESI Protocol required that the responding party designate ten document custodians. 2025 WL 176001, at n.

Objections

Objections Depositions Burden Of Proof Litigation

What “Expenses” Can a Non-Party Recover for Complying With a Discovery Subpoena?

E-Discovery LLC

NOVEMBER 27, 2024

20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena. 45 (“Subpoena”) states: (b)(1) – Under some circumstances, witness fees and mileage must be paid. [1] d)(3)(B) – A court may, on motion, ensure “that the subpoenaed person will be reasonably compensated.” Fed.R.Civ.P.

Subpoenas

Subpoenas Discovery Depositions Objections

“No Dog in the Fight” Analysis Applies to Scope of Subpoenas in the District of Maryland

E-Discovery LLC

APRIL 4, 2025

the Court set out and applied the principles governing subpoenas and objections to them. The individual defendants in Hall issued a subpoena to MAIP. Hall, on behalf of MAIP, objected based in part on privilege. Defendants objected to sharing. Baltimore Police Dept., 2025 WL 509130 (D. 13, 2025)(Austin, J.),

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Subpoenas Discovery Objections Witnesses

Privilege Objections Denied Without Prejudice

E-Discovery LLC

NOVEMBER 11, 2024

non-party TEDCO’s blanket privilege and work product objections to a subpoena were denied; however, it lived to fight another day because the denial was without prejudice to file supported objections after a “meet and confer.” Specific objections are required. And, ImpactHR responded without objection.

Objections

Objections Subpoenas Discovery Litigation

No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad

E-Discovery LLC

APRIL 5, 2025

In previous blogs, I addressed decisions holding that Where Requests for Discovery were Overly Broad, No Privilege Log was Required (Oct. 12, 2024); No Privilege Log Is Needed While Scope of Discovery Objections Are Pending (Aug. Both Mr. Hall and MAIP objected to the subpoena on a number of bases. at *4, 6. [1]

Discovery

Discovery Subpoenas Objections Affidavits

No Need to Meet and Confer Before Motion to Quash Subpoena in District of AZ

E-Discovery LLC

DECEMBER 19, 2024

29, 2024), Plaintiff Walker served a subpoena duces tecum on non-party JBHH, which had represented defendant AIU in workers compensation proceedings involving Mr. Walker. The subpoena requested a complete copy of the file in Mr. Walkers case. JBHH moved to quash the subpoena and also noted objections. citing L.R.

Subpoenas

Subpoenas Discovery Objections

Discovery of Litigation Hold Notices Ordered

E-Discovery LLC

APRIL 22, 2025

15, 2025), the court ordered discovery of litigation hold notices. In my opinion, and while I agree with the result, the legal issues governing the discovery of litigation hold notices and implementation need clarity and national uniformity. The EEOC served a subpoena on the third-party custodian. Aspire Regional Partners, Inc.,

Discovery

Discovery Litigation Objections Evidence

You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Percipient

APRIL 22, 2023

Your company received a document subpoena in a legal dispute in which it is not involved. If the subpoena issued is in federal litigation, your company is likely responsible for the cost of compliance, especially if it has a connection to the litigation. Who covers the expense in responding to it? In United States v. 11 cv 4071 (N.D.

Subpoenas

Subpoenas Discovery Litigation Court Rules

Possession, Custody, or Control of Responsive Information by States Suing Meta

E-Discovery LLC

SEPTEMBER 12, 2024

34 discovery requests propounded by defendant Meta Platforms, Inc., 34 discovery requests propounded by defendant Meta Platforms, Inc., Meta responded that Rule 34 requests were proper and it should not be forced to serve over 200 subpoenas under Rule 45. 2024), applies the “legal control” standard to Fed.R.Civ.P.

Subpoenas

Subpoenas Discovery Litigation Objections

Hit Reports – Part IV – Request for “Nonresponsiveness” Log Denied

E-Discovery LLC

JANUARY 2, 2025

Plaintiff Spivey served a subpoena on non-party API. While Mr. Spivey asserted that the negotiated search terms defined the scope of discovery, and that they were narrowly tailored, API asserted that it need not produce nonresponsive or irrelevant documents. API allegedly had information about the process. They negotiated search terms.

Subpoenas

Subpoenas Objections Discovery Litigation

“Youth Social Media Judge Threatens Contempt Against State AGs”

E-Discovery LLC

NOVEMBER 25, 2024

The States and State Attorneys General “object[ed] to treating their respective state agencies as being subject to party discovery and insist[ed] that all of these agencies are third parties from whom Meta should seek documents by subpoenas under Federal Rule of Civil Procedure 45.” emphasis added].

Discovery

Discovery Subpoenas Litigation Precedent

Possession, Custody, and Control of Third-Party Personal Devices Determined by Information Governance Policies

E-Discovery LLC

APRIL 22, 2025

Both sides objected to a report and recommendation of a special master. The Sports Rehab court found that the personal devices were not in Vail Healths possession, custody, or control and that the proper procedure would have been for plaintiffs to issue subpoenas. It only meant that the wrong discovery device had been employed.

Subpoenas

Subpoenas Discovery Litigation Evidence

Citing the Correct Subsection of Fed.R.Evid. 502 is Important

E-Discovery LLC

DECEMBER 19, 2024

Objections were due by July 10 th. Plaintiffs said that SCA was served with a copy of the subpoena on March 27 th , two days prior to serving it on Dr. Fanning and well before the deposition. Plaintiffs contended that SCA did nothingsuch as objecting or filing a motion to quashsince it received notice of the Subpoena.

Depositions

Depositions Subpoenas Evidence Discovery

[Educational Webcast] Protect Sensitive Data and Control Costs: An eDiscovery Blueprint for the Construction Industry

Complex Discovery

FEBRUARY 6, 2025

In addition, well discuss how advanced and simple eDiscovery and document review strategies can address specific construction industry challenges, including: Large data sets, subpoena responses, delay claims, defect investigations and litigations, cost overruns, multi-party contract disputes, and regulatory compliance issues.

Construction

Construction Education Technology Discovery

What is the Stored Communications Act? Understanding the SCA & Subpoena Compliance

Percipient

JULY 1, 2025

But with digital transformation comes legal complexity–especially when responding to subpoenas for electronic communications. Failure to comply with the SCA when responding to subpoenas can lead to significant legal and financial repercussions, reputational damage, and even loss of customer trust. the actual text of an email).

Subpoenas

Subpoenas Litigation Legal Services Telecommunications

“It Ends With Us”

E-Discovery LLC

APRIL 8, 2025

28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the Wayfarer Parties) by Ms. Lang, Ruling in Blake Lively’s Subpoena for Justin Baldoni Phone Records (Feb. 25, 2025); Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov.

Subpoenas

Subpoenas Discovery Objections Admissibility

Waiver of Untimely Objections to Interrogatories: Is it = or ≠ to Requests for Production of Documents?

E-Discovery LLC

JANUARY 29, 2025

21, 2025), the court wrote that: Neither side distinguishes between waiver of untimely objections to interrogatories and waiver of untimely objections to RFPs, even though important differences exist in both the applicable rules of civil procedure and the case law construing them. It held that plaintiffs waived the objections.

Interrogatories

Interrogatories Objections Discovery Precedent

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Party’s Motion to Quash Subpoena Denied for Lack of Standing

Who Can Object to a Subpoena?

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What Objections May Be Raised to a Subpoena by a Non-Party?

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Based on the ESI Protocol, the Limiting “Apex Deposition” Doctrine Applied to Objections to the Designation of a Document Custodian

What “Expenses” Can a Non-Party Recover for Complying With a Discovery Subpoena?

“No Dog in the Fight” Analysis Applies to Scope of Subpoenas in the District of Maryland

Privilege Objections Denied Without Prejudice

No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad

No Need to Meet and Confer Before Motion to Quash Subpoena in District of AZ

Discovery of Litigation Hold Notices Ordered

You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Possession, Custody, or Control of Responsive Information by States Suing Meta

Hit Reports – Part IV – Request for “Nonresponsiveness” Log Denied

“Youth Social Media Judge Threatens Contempt Against State AGs”

Possession, Custody, and Control of Third-Party Personal Devices Determined by Information Governance Policies

Citing the Correct Subsection of Fed.R.Evid. 502 is Important

[Educational Webcast] Protect Sensitive Data and Control Costs: An eDiscovery Blueprint for the Construction Industry

What is the Stored Communications Act? Understanding the SCA & Subpoena Compliance

“It Ends With Us”

Waiver of Untimely Objections to Interrogatories: Is it = or ≠ to Requests for Production of Documents?

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