Say goodbye to those anxious readings (and re-readings) of Rule 45. After twenty-two years, Rule 45 is getting a makeover. Last September, the Judicial Conference of the United States approved the first substantive amendments to Rule 45 since 1991. The proposed amendments are now before the Supreme Court, which has until May 1, 2013 to approve and transmit the proposed rule changes to Congress. Absent congressional action, these revisions will become effective on December 1, 2013.
Several specific changes are proposed to Rule 45 in an attempt to simplify federal subpoena practice. A few of the most important revisions are summarized below.
These proposed modifications are a practical response to the problems of compliance with Rule 45 and to the litigation that occurs in districts far removed from the district in which the case is pending. If approved, these amendments will significantly refine federal subpoena practice. For more information regarding the pending revisions to Rule 45, please check out my article published in the March 2013 edition of the ABA's TYL Newsletter.