December 16, 2013. Significant amendments to Federal Rule of Civil Procedure 45 just went into effect. In short, the amendments (1) change the issuing court for subpoenas to the court where the action is pending, versus the court governing the witness’s location; (2) clarify that the limit on compelling a person to travel more than 100 miles to attend trial applies to parties and their officers; and (3) authorize the enforcing court (where the witness is located) to transfer subpoena-related motions to the issuing court (where the lawsuit is pending).
It is much easier to serve a subpoena on an out-of-state witness in a federal court proceeding versus a state court proceeding. In a federal case, an attorney can issue a subpoena to any witness regardless of their location in another state; that has been the law for some time now. In a state court proceeding, however, an attorney must get permission from the courts to issue a subpoena in another state. The state process is slower and more expensive. Hopefully, we will see the day when states adopt uniform rules more aligned with their federal counterparts. For more information contact Goosmann Law Firm, PLC at info@goosmannlaw.com or by calling 712.226.4000.