MBE Rules · Civil Procedure
Subpoenas
FRCP 45
The rule
A subpoena may command testimony or production from nonparties; compliance is limited to 100 miles of residence or employment, and the issuing court must quash subpoenas imposing undue burden or requiring privileged matter.
In plain English
A subpoena is a legal document that orders a person or organization to provide testimony or produce documents in a legal proceeding. However, there are limits on how far a person must travel to comply, typically within 100 miles of where they live or work, and courts can cancel subpoenas if they are too burdensome or seek privileged information.
Worked example
In a civil lawsuit, a plaintiff issues a subpoena to a witness who lives 120 miles away, demanding their appearance at trial. The witness moves to quash the subpoena based on the distance requirement. The court grants the motion, ruling that the subpoena is invalid due to the travel limitation.
Memory hook
Subpoenas: 100 miles max, no undue burden!
The trap
Exams may present scenarios where a subpoena seems valid at first glance, but students often overlook the distance limitation or the potential for undue burden. Watch for questions that test your knowledge of these exceptions.
How examiners test it
Questions often involve a fact pattern where a subpoena is issued, and students must analyze whether it complies with the distance requirement or if it imposes an undue burden on the recipient.
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