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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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.