Assessing federal rule 45

Article Abstract:

The amended Federal Rule of Civil Procedure 45 has been in effect since Dec 1, 1991 and permits attorneys to issue subpoenas. The rule includes protections for subpoenaed persons and provisions for obligatory modification or quashal if the subpoena imposes an 'undue burden' on the recipient. The emerging case law on the new rule shows consensus in favor of quashing third-party subpoenas if efforts to obtain the information from other parties to the suit have not been exhausted.

Civil procedure, Subpoena

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Federal practice; experts and privilege

Article Abstract:

The protection from discovery of attorney-testifying expert communications under the work product privilege under the 1993 amendments to the Federal Rules of Civil Procedure has spawned two diametrically opposed lines of court rulings, as this issue was not clearly resolved by the amendments. The key 1993 amendments are 26(a)(2)(b), 26(b)(3), and 26(b)(4)(A). Pre-amendment case law, which focused largely on Rule 612 of the Federal Rules of Evidence must also be remebered.

United States, Work product privilege (Law)

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Expert spoliation

Article Abstract:

Spoliation principles related to expert evidence are discussed. The discoverability of the evidence is the key question. Discoverable evidence means a reasonably foreseeable lawsuit and there is therefore a duty to preserve it. Case law is discussed.

Legal issues & crime, Government regulation (cont), Government regulation, Legal/Government Regulation

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