A notice of the issuance of a document subpoena to a non-party and a copy of the subpoena,
as required by Fed. R. Civ. P. 45(a)(4), shall be served on all other parties at least three (3) calendar
days before the date on which the subpoena is served on the non-party. This notice period may be
altered by agreement of the parties or order of the Court.
Advisory Committee Notes
This new Rule is intended to avoid surprise and allow opposing counsel an opportunity to
move to quash non-party subpoenas before they are served, resulting in more cost-effective
litigation. Fed. R. Civ. P. 45(a)(4), while requiring notice, does not provide a specific time frame
for serving the notice, resulting in some cases of nearly simultaneous service of opposing counsel
and the third-party custodian of documents. The Local Rule provides that such notice be served
on other parties at least three days before service of the subpoena.
