When a Non-Party Moves to Challenge Discovery Subpoena

An article by Kramer Levin partner Alan Friedman and associate Stephen Sinaiko appeared in the July 20, 1998 issue of The New York Law Journal. Entitled "When a Non-Party Moves to Challenge Discovery Subpoena," the article discusses how Federal Court litigation frequently entails discovery—pursuant to subpoena—from non-parties, many of whom are situated in districts distant from that in which the action is pending. Under the Federal Rules of Civil Procedure, a non-party who objects to a subpoena may move to quash a motion addressed to the court for the district in which the discovery is to be taken. In the interest of judicial economy, a number of Courts of Appeals have permitted the transfer of such motions to the district court in which the underlying action is pending. However, a recent decision has called into question this authority.