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Does a company have to comply with federal subpoena if they are both out of state and out of district?

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zenoMorph

Member
Does a company have to comply with federal subpoena if they are both out of state and out of district? 5th vs 10th federal district for example.

3rd party company has information critical to my case but is out of state.

Thanks.
 


Taxing Matters

Overtaxed Member
Does a company have to comply with federal subpoena if they are both out of state and out of district? 5th vs 10th federal district for example.

3rd party company has information critical to my case but is out of state.
First, the federal district courts are not designated by number, they are designated by name (e.g. U.S. District Court for the District of Colorado). Every district court is located in just one state. For appeals purposes, the states are grouped together and covered by a particular Circuit Court of Appeals, most of which are designated by number (the exception being the U.S. Court of Appeals for the Federal Circuit). For example, appeals from federal district courts in Colorado, Utah, Oklahoma, Wyoming, Kansas, and New Mexico go to the U.S. Court of Appeals for the Tenth Circuit.

Second, federal district court subpoenas have national jurisdiction. See FRCP 45(b)(2). So the company receiving the subpoena may not refuse to comply with the subpoena simply because the federal district court that issued the subpoena is not in the same state or the same circuit as the company. Of course the subpoena must be properly served on the company and, when seeking documents, you must provide that the place where the company is to provide the documents must be within 100 miles of where the company is located. FRCP 45(c)(2)(A). The company may, of course, move to quash the subpoena if it seeks privileged information, is unduly burdensome, requires that the documents be provided to a place more than 100 miles from where it is located, or improperly served, among other things.

Again, please keep all your questions on the federal case to one thread. Don't open a new thread for each question.

Finally, I suggest you get a lawyer to help you with your case. You do not seem to know the rules very well, and that's going to hurt you in litigating this case.
 
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quincy

Senior Member
Does a company have to comply with federal subpoena if they are both out of state and out of district? 5th vs 10th federal district for example.

3rd party company has information critical to my case but is out of state.

Thanks.
zenoMorph, you have been told repeatedly to keep all of your related questions to a single thread.

This thread has been reported.


Taxing Matters: It is "quash" the subpoena, not "squash." Autocorrect, perhaps?

Edit to add: I see you made the correction. I hate autocorrect. :)
 
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quincy

Senior Member
Probably auto correct, yes. Or maybe I had gourd fruit in mind while typing. I've corrected the typo in my reply. Thanks.
Haha. Hunger could lead to the error. I generally prefer to blame autocorrect, though. :)

I think zenoMorph needs to spend more time reading and learning the Rules of Procedure (links were already provided for his convenience). Many of the answers to his questions can be found there

A subpoena is a court order, so it would be contempt of court to ignore the subpoena.
 
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