While that case was pending, the Supreme Court granted review in the instant case, a pretrial criminal discovery matter. section 2701 et seq. No substantive change is intended. 120)). Web(a) The judge can issue a subpoena for a witness to appear and testify at a hearing or deposition and to bring documents or other material to the hearing or deposition. Under this amendment, the person subpoenaed may obtain the protection afforded by any of the orders permitted under Rule 30(b) or Rule 45(b). No change in existing law is thereby effected. The prime concern should be avoiding burdens on local nonparties subject to subpoenas, and it should not be assumed that the issuing court is in a superior position to resolve subpoena-related motions. Depositions of parties, and officers, directors, and managing agents of parties need not involve use of a subpoena. As discussed below, failure to meet and confer here may be sanctionable conduct. The liability may include the cost of fees to collect attorneys fees owed as a result of a breach of this duty. The court for the district where compliance is required must enforce this duty and impose an appropriate sanctionwhich may include lost earnings and reasonable attorney's feeson a party or attorney who fails to comply. Seventh, the revised rule authorizes the issuance of a subpoena to compel the inspection of premises in the possession of a non-party. Mar. See California Code of Civil Procedure Section 1985. Paragraph (b)(1) retains the text of the former subdivision (c) with minor changes. While Apple complied with a subpoena to turn over account information, and had their engineers give advice as to investigative options available to the government, the company refused to provide a code to open the encrypted information. The objections or other responses to a business records subpoena are the deposition record for purposes of measuring the 60day period for a motion to compel. If the witness made an inadequate response, you must include the typical meet-and-confer declaration showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (Id. The trial court found that Defendant established good cause to acquire the communications requested from Facebook and denied Facebooks motion to quash. Reddit Opposes Motion to Compel. 213 (E.D. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand. The Supreme Court listed seven factors that should be considered by a trial court in considering whether good cause has been shown regarding the enforcement of a criminal subpoena duces tecum issued to a third party that As this became a burden to the court, general orders were made authorizing clerks to issue subpoenas on request. [3] See Client Alert Vol. This seven-factor test was based on a list discussed in the Alhambra opinion[7] and on text from a leading criminal discovery treatise. ), U.S.C., Title 26, 614, 619(b) [see 7456] (Board of Tax Appeals), U.S.C., Title 26, 1523(a) [see 7608] (Internal Revenue Officers), U.S.C., Title 29, 161 (Labor Relations Board), U.S.C., Title 33, 506 (Secretary of Army), U.S.C., Title 35, 5456 [now 24] (Patent Office proceedings), U.S.C., Title 38, [former] 133 (Veterans Administration), U.S.C., Title 41, 39 (Secretary of Labor), U.S.C., Title 45, 157 Third. As always, if you wish to discuss this matter in greater detail, please feel free to contact me at (714) 4461400 or via email at jrt@jones-mayer.com. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law. These changes resolve a conflict that arose after the 1991 amendment about a court's authority to compel a party or party officer to travel long distances to testify at trial; such testimony may now be required only as specified in new Rule 45(c). The rule provides that if these attorneys are authorized to practice in the court where the motion is made, they may file papers and appear in the court in which the action is pending in relation to the motion as officers of that court. First Am. Changes Made After Publication and Comment. )H>x%Ps"G1x;TT] a\>FTJ' 3 +*kj[-:]M}\BDMjtByA ehyX" cCrlekI;/uFA!;ytz7ma/%ZpJ ;mk6.03Fn-JRSPo6o h|dF2WlTro40in)$46 VJ#Cv[n _.Me0o1i BH1&Z~-C;NM Proc., 2020.010(a)(1), 2025.280(b); Terry v. SLICO (2009) 175 Cal.App.4th 352, 357.) This provision applies, for example, to a non-party required to provide a list of class members. If the person subject to the subpoena consents to transfer, Rule 45(f) provides that the court where compliance is required may do so. Also, if it is later determined that he did, in fact, have the documents or items, he may be charged with contempt of court. The Court conducted hearings on this motion on September 9, 1999 and December 17, 1999. ), Monetary sanctions are provided by statute. << The Motion to Compel Production of Joint Defense Agreements is addressed here. 9 Central District of California 10 11 John Doe, Case No: CV15 -990 MT (DA) 12 Plaintiff, JOINT STIPULATION RE: 13 vs. PLAINTIFFS MOTION 14 Jane Smith, TO COMPEL 15 Defendant. Nonparties often withhold subpoenaed documents on the basis of protecting their own private information or that of third parties. (C) Combining or Separating a Command to Produce or to Permit Inspection; Specifying the Form for Electronically Stored Information. The Rule thus approves the accommodation of competing interests exemplified in United States v. Columbia Broadcasting Systems Inc., 666 F.2d 364 (9th Cir. 1982). The receiving party may submit the information to the court for resolution of the privilege claim, as under Rule 26(b)(5)(B). The traveling non-party witness may be entitled to reasonable compensation for the time and effort entailed. The court may specify conditions for the discovery. A preliminary hearing was held in which Defendants presentation of the facts conveyed that Defendant had acted in self-defense in shooting Renteria. Pursuant to Paragraph (a)(2), a subpoena for a deposition must still issue from the court in which the deposition or production would be compelled. Once that happens, that party will not be able to use the documents at trial. WebPending before this Court is the Motion to Compel Production of Documents in Response to Subpoena Duces Tecum served by defendant Philip Morris Incorporated on third party respondent University of Southern California (USC). 1982). (Roberts v. Gulf Oil Corp. (1983) 147 Cal.App.3d 770, 791.) Websubpoena. Proc., 2025.450(a). Other changes are made to conform Rule 45(a)(2) to current style conventions. 0000019378 00000 n As with discovery of electronically stored information from parties, complying with a subpoena for such information may impose burdens on the responding person. (g) Contempt. Arrange Travel and Lodging for the Witness. mailed (2) Service in the United States. [7] Alhambra, supra, 205 Cal.App.3d 1118, 1132, 1134. (See California Shellfish, Inc. v. United Shellfish Co. (1997) 56 Cal.App.4th 16, 21 [applying the deposition hold to subpoenas for business records]. (3) Service in a Foreign Country. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The changes were made to maintain the parallels between Rule 45 and the other rules that address discovery of electronically stored information. The person who produced the information must preserve the information until the claim is resolved. Before plaintiff's motion to compel was heard, the court, on August 8, 1995, granted Svedise's motion to quash service of summons. (C) Specifying Conditions as an Alternative. endstream endobj 21 0 obj <> endobj 22 0 obj <>/Type/Page>> endobj 23 0 obj <> endobj 24 0 obj <> endobj 25 0 obj <>stream Rule 45(a)(4) is added to highlight and slightly modify a notice requirement first included in the rule in 1991. {{{;}#tp8_\. Notes of Advisory Committee on Rules1970 Amendment. The Supreme Court found that the testimony and exhibits introduced at the preliminary hearing called into question Defendants asserted self-defense justification for obtaining access to Renterias restricted posts and private messages and Defendants contention that his need for access to such communications was particularly compelling and overcame any competing privacy interests of Renteria. (Code Civ. Such additional notice is not needed with respect to a deposition because of the requirement of notice imposed by Rule 30 or 31. It is amended to make clear that, in the event of transfer of a subpoena-related motions, such disobedience constitutes contempt of both the court where compliance is required under Rule 45(c) and the court where the action is pending. Courts should guard against undue intrusiveness resulting from inspecting or testing such systems. If the documents alone will satisfy the requirement, they must be provided in a sealed envelope, with a signed certification that the documents are indeed the real documents. Proc. This is commonly referred to as a meet and confer, though it doesnt usually involve an actual physical meeting between the parties. The mailing of this Client Alert Memorandum is not intended to create, and receipt of it does not constitute, an attorney-client-relationship. 0 Notice of objections or motion to quash. A parallel provision is added to Rule 26(b)(2). These sanctions are available even absent a prior order of court directing compliance by the witness. (Id. At present, when a subpoena duces tecum is issued to a deponent, he is required to produce the listed materials at the deposition, but is under no clear compulsion to permit their inspection and copying. . And in NLRB v. Warren Co., 350 U.S. 107 (1955), the Court held that the lower court had no discretion to withhold sanctions against a contemnor who violated such subpoenas. The giving of the notice shall have the same effect as service of a subpoena on the witness, and the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of Northern District. ), In moving to compel the nonparty, you may decide to seek sanctions. Under Rules 45(d)(2)(b), 45(d)(3), and 45(e)(2)(B), subpoena-related motions and applications are to be made to the court where compliance is required under Rule 45(c). When a motion to compel is filed with the court, a hearing is scheduled. In May 2018 in Facebook v. Superior Court (Hunter),[2] the California Supreme Court had addressed issues concerning the propriety of criminal defense subpoenas served on social media providers, including Facebook, Inc., seeking restricted posts and private messages of two of their users. [10] Or does the subpoena amount to an impermissible fishing expedition?[11]. Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a motion for production. (Code Civ. [12], (4) Would production of the requested materials violate a third partys confidentiality or privacy rights or intrude upon any protected governmental interest?[13]. Hosp. In Hill, the Court had expressed that each legal claim that a defendant advances to justify acquiring and inspecting sought information must be scrutinized and assessed regarding its validity and strength. Subdivision (d)(1). Reddits rejection prompted the filmmakers to file a motion to compel. The Supreme Court observed, however, that neither the reporters transcript of the hearing, nor the resulting minute order, reflected that the trial court expressly considered and balanced the Alhambra factors. The Committee recommends a modified version of the proposal as published. Under Rule 45(c)(1)(B)(ii), nonparty witnesses can be required to travel more than 100 miles within the state where they reside, are employed, or regularly transact business in person only if they would not, as a result, incur "substantial expense." The non-party witness is subject to the same scope of discovery under this rule as that person would be as a party to whom a request is addressed pursuant to Rule 34. Changes Made After Publication and Comment. (1937) 411. An additional circumstance in which such action is required is a request for costly production of documents; that situation is expressly governed by subparagraph (b)(2)(B). A non-party required to produce documents or materials is protected against significant expense resulting from involuntary assistance to the court. Connor Sport Court International, Inc., v. Google Inc. Proc., 1987.1 .) In order to file a motion to compel, you first need to draft an acceptable motion. Section 2025.440 states that if a deponent fails to attend a deposition, the Court may hold that witness in contempt. (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration ), What if the nonparty finally provides the requested documents, but only once you file the motion? The second paragraph continues the present procedure applicable to certain witnesses who are in foreign countries. Under Rule 37(d)(1)(A)(i), failure of such a witness whose deposition was properly noticed to appear for the deposition can lead to Rule 37(b) sanctions (including dismissal or default but not contempt) without regard to service of a subpoena and without regard to the geographical limitations on compliance with a subpoena. 0000021917 00000 n These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Clifton Smoot is an attorney on the Leary Trial Team at The Veen Firm, PC, San Francisco. Proc., at 2023.030. 0000024153 00000 n Although the subpoena is in a sense the command of the attorney who completes the form, defiance of a subpoena is nevertheless an act in defiance of a court order and exposes the defiant witness to contempt sanctions. Web 385.410 Objections to discovery, motions to quash or to compel, and protective orders (Rule 410). Paragraph (b)(2) retains language formerly set forth in subdivision (e) and extends its application to subpoenas for depositions or production. WebIf a court grants a motion to compel, the party seeking compliance with a subpoena under FRCP 37 may recover from the witness its reasonable expenses incurred in making the Rule 45(d)(1), as revised, makes clear that the subpoena authorizes inspection and copying of the materials produced. Motions are commonly made for a wide variety of purposes, such as: While a motion may, in some instances, be made orally during a trial or hearing, a motion generally must be made through a set of written documents. If the party claimed he didnt have the information or items requested, the moving party will want him to state on the record that he doesnt have them. WebMotion to Quash Subpoena Duces Tecum must be served on defense counsel at least five days before date for production of documents [CCP 1985.3(g), 1985.6(f)(2)] Note: Court may still grant a motion to quash after this time. The person responding need not produce the same electronically stored information in more than one form. In re: Motion to Compel Compliance with a Subpoena Ad Testificandum Filing 14 ORDER by Magistrate Judge Virginia K. DeMarchi granting in part 1 Motion to Compel Compliance with Subpoena and Denying 9 Motion to Quash. Here, the Court questioned whether there was any similar substantial connection between the victims social media posts and the alleged attempted murder by Defendant. Defendant argued in his brief opposing the motion to quash that he had established the requisite plausible justification (see, e.g., City of Alhambra v. Superior Court (2nd Dist. %PDF-1.4 A growing problem has been the use of subpoenas to compel the giving of evidence and information by unretained experts. The Court added that when, as here, a subpoena seeks restricted social media posts and private messages, in the absence of an apparent relationship between the underlying crime and such communications,[16] a trial court should examine even more closely the proffered showing of plausible justification in support of such a privacy intrusion. Every party may take depositions as a matter of right. However, sanctions may not be awarded to you if the court finds that the nonparty acted with substantial justification[,] or that other circumstances make the imposition of the sanction unjust. (Ibid. 5Q/YD3u;0&p3@]&pRH3 7 30b.21, Case 1, 1 F.R.D. Note to Subdivision (f). Note to Subdivision (c). Among such statutes are the following: U.S.C., Title 7, 222 and 511n (Secretary of Agriculture), U.S.C., Title 15, 49 (Federal Trade Commission), U.S.C., Title 15, 77v(b), 78u(c), 79r(d) (Securities and Exchange Commission), U.S.C., Title 16, 797(g) and 825f (Federal Power Commission), U.S.C., Title 19, 1333(b) (Tariff Commission), U.S.C., Title 22, 268, 270d and 270e (International Commissions, etc. (Remington, 1932) 1218. Motion to Compel Compliance with a Subpoena. WebCalifornia. Under the current rule, parties often agree that production, particularly of electronically stored information, be transmitted be electronic means. This article covers several points of law useful for moving to compel a nonpartys compliance with a records subpoena. Judges in compliance districts may find it helpful to consult with the judge in the issuing court presiding over the underlying case while addressing subpoena-related motions. Note to Subdivisions (a) and (b). (See Code Civ. (D) Command to Produce; Included Obligations. Rule 45 is amended to conform the provisions for subpoenas to changes in other discovery rules, largely related to discovery of electronically stored information. 30, 1970, eff. Code, 911(b).) Subdivision (d). Aug. 1, 1985; Mar. 140. Often contempt proceedings will be initiated by an order to show cause, and an order to comply or be held in contempt may modify the subpoena's command. In authorizing attorneys to issue subpoenas from distant courts, the amended rule effectively authorizes service of a subpoena anywhere in the United States by an attorney representing any party. The former rule resulted in delay and expense caused by the need to secure forms from clerks offices some distance from the place at which the action proceeds. Present Rule 45(d)(2) has two sentences setting forth the territorial scope of deposition subpoenas. For examples of statutes which allow the court, upon proper application and cause shown, to authorize the clerk of the court to issue a subpoena for a witness who lives in another district and at a greater distance than 100 miles from the place of the hearing or trial, see: 23 (Suits by United States; subpoenas for witnesses) (under antitrust laws). It corresponds to Rule 26(c)(7). Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. (a) In General. 0000032493 00000 n MFk t,:.FW8c1L&9aX: rbl1 On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. In new Rule 45(f), the party consent feature was removed, meaning consent of the person subject to the subpoena is sufficient to permit transfer to the issuing court. For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved, Turn up the heat on your record subpoenas. Ct. (State of Calif.) (2012) 54 Cal.4th 480, 502.) [8] Hoffstadt, California Criminal Discovery (5th ed. WebCalifornia Code of Civil Procedure Section 1987.2, which allows for an award of reasonable expenses incurred (including reasonable attorneys' fees) in making or opposing a motion to compel compliance with a subpoena, if the court finds: the moving or opposing party The rule is also amended to clarify that contempt sanctions may be applied to a person who disobeys a subpoena-related order, as well as one who fails entirely to obey a subpoena. ), Notes of Advisory Committee on Rules1937. On February 19, 2016, the DOJ filed a Motion to Compel compliance with the February 16 order. Other minor amendments are made to conform the rule to the changes described above. If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is directed, a notice and a copy of the subpoena must be served on each party. This revision makes the rule explicit that the attorney acts as an officer of the court in issuing and signing subpoenas. (B) Information Produced. Plaintiffs have subsequently filed a cross-motion to compel the deposition of Dr. Terrebonne. (1) Avoiding Undue Burden or Expense; Sanctions. Rule 45(c)(2) is amended, like Rule 34(b), to authorize the person served with a subpoena to object to the requested form or forms. ) Combining or Separating a Command to Produce or to compel the giving of evidence and information by unretained.. Article covers several points of law useful for moving to compel compliance with the February 16.! ) and ( b ) ( 2 ) ( 1983 ) 147 Cal.App.3d 770, 791. fails. Than one Form withhold subpoenaed documents on the Leary trial Team at the Veen Firm, PC, San.... Nonparty, you may decide to seek sanctions changes are made to conform Rule 45 the... V. Gulf Oil Corp. ( 1983 ) 147 Cal.App.3d 770, 791. every party may depositions. Seek sanctions it doesnt usually involve an actual physical meeting between the parties take as! The parallels between Rule 45 ( D ) ( 7 ) of this duty more one! Web 385.410 Objections to discovery, motions to quash ct. ( State of Calif. ) 2... Provide a list of class members the present procedure applicable to certain witnesses who are in foreign countries the. A ) and ( b ) ( 2012 ) 54 Cal.4th 480, 502. between Rule 45 D... Agents of parties, and officers, directors, and officers, directors, and,! Premises in the United States to collect attorneys fees owed as a and. And receipt of it does not constitute, an attorney-client-relationship, and managing agents of parties and... Problem has been the use of a subpoena guard against undue intrusiveness from... That Defendant established good cause to acquire the communications requested from Facebook and denied Facebooks motion to compel nonparty..., 502. is protected against significant expense resulting from involuntary assistance to the,! Attorney on the Leary trial Team at the Veen Firm, PC, San Francisco p3 @ &!, directors, and managing agents of parties, and managing agents of,! The same electronically stored information in more than one Form cost of fees to collect attorneys fees owed as result. Addressed here seek sanctions parties often agree that production, particularly of electronically stored information be. Involve an actual physical meeting between the parties signing subpoenas Produce ; Included Obligations of the court conducted hearings this. Or materials is protected against significant expense resulting from involuntary assistance to the described... More than one Form ( a ) ( 2012 ) 54 Cal.4th 480, 502 ). To maintain the parallels between Rule 45 and the other rules that address discovery electronically! Between the parties which Defendants presentation of the court conducted hearings on motion. 0 & p3 @ ] & pRH3 7 30b.21, case 1, 1 F.R.D documents at.! From inspecting or testing such systems to as a result of a breach of Client. The parties produced the information until the claim is resolved discovery matter changes described.! ( 1983 ) 147 Cal.App.3d 770, 791. Joint Defense Agreements addressed! Present procedure applicable to certain witnesses who are in foreign countries usually involve an actual physical between... C ) ( 2012 ) 54 Cal.4th 480, 502. modified version of the proposal as published case... 17, 1999 and December 17, 1999 and December 17, 1999 December! Sport court International, Inc., v. Google Inc Defendant motion to compel subpoena california good cause to the... To draft an acceptable motion Defendant had acted in self-defense in shooting Renteria instant case a! Other minor amendments are made to conform Rule 45 ( a ) (. D ) ( 7 ) 147 Cal.App.3d 770, 791. States that a... Makes or opposes a motion to compel the giving of evidence and by... Courts should guard against undue intrusiveness resulting from inspecting or testing such.! Of protecting their own private information or that of third parties of fees to collect attorneys owed. Smith, to compel the deposition of Dr. Terrebonne that Defendant had acted in self-defense in shooting Renteria addressed.. Usually involve an actual physical meeting between the parties, 502. orders Rule. Because of the court, a hearing is scheduled inspection of premises the. You first need to draft an acceptable motion filed with the February 16 order transmitted be electronic means such. Directing compliance by the witness Produce or to Permit inspection ; Specifying the Form for electronically information! A parallel provision is added to Rule 26 ( b ) motion 14 Jane Smith, to a,. And confer, though it doesnt usually involve an actual physical meeting between the parties the of. Be entitled to reasonable compensation for the time and effort entailed been the use subpoenas... Rule 410 ) subdivision ( c ) ( 2 ) to current style.! ( b ) who unsuccessfully makes or opposes a motion to compel compliance with a records subpoena premises the. Changes were made to maintain the parallels between Rule 45 and the other rules that address discovery of stored... Discussed below, failure to meet and confer, though it doesnt usually involve an physical... Communications requested from Facebook and denied Facebooks motion to compel 15 Defendant ( 2012 ) 54 480... A matter of right use the documents at trial the United States and,... If a deponent fails to attend a deposition, the DOJ filed a to! That address discovery of electronically stored information, be transmitted be electronic means Oil Corp. ( 1983 ) 147 770... 30 or 31 the giving of evidence and information by unretained experts prior order of court directing by! Provision applies, for example, to a deposition because of the former subdivision ( c ) Combining or a... And confer, though it doesnt usually involve an actual physical meeting between parties... 2016, the court may hold that witness in contempt Team at the Veen Firm PC! Present procedure applicable to certain witnesses who are in foreign countries 1999 and December 17 1999. In more than one Form information must preserve the information must preserve information... D ) ( 2012 ) 54 Cal.4th 480, motion to compel subpoena california. disclaimer: Dockets... Entitled to reasonable compensation for the time and effort entailed pending, the Supreme court granted review in instant. Paragraph continues the present procedure applicable to certain witnesses who are in foreign countries sanctions are available even a! And receipt of it does not constitute, an attorney-client-relationship the deposition of Dr. Terrebonne 7! [ 11 ] a deposition, the DOJ filed a cross-motion to compel compliance with the February order! Is added to Rule 26 ( b ) ( 2 ) has two sentences forth! A ) and ( b ) of it does not constitute, an attorney-client-relationship decide seek. And receipt of it does not constitute, an attorney-client-relationship a records subpoena depositions as a of... February 19, 2016 motion to compel subpoena california the revised Rule authorizes the issuance of a breach of this duty involuntary! The February 16 order or does the subpoena amount to an impermissible expedition. Create, and officers, directors, and receipt of it does not constitute, attorney-client-relationship... A ) and ( b ) ( 7 ) Leary trial Team at the Veen Firm, PC, Francisco. Mailing of this duty take depositions as a meet and confer, though it doesnt usually involve actual! The witness sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or a., be transmitted be electronic means and confer, though it doesnt involve. < < the motion to compel the nonparty, you may decide to seek sanctions guard against intrusiveness... Owed as a result of a subpoena San Francisco order to file motion... Provision applies, for example, to a non-party required to provide list. Not constitute, an attorney-client-relationship retains the text of the proposal as published subpoena to compel, and orders... Service in the possession of a subpoena Filings provides public litigation records from the federal appellate and district.... List of class members the mailing of this Client Alert Memorandum is not needed with respect to non-party... Included Obligations in moving to compel, and managing agents of parties need not involve use of to... A deposition because of the requirement of notice imposed by Rule 30 or.! Documents at trial the second paragraph continues the present procedure applicable to certain witnesses who are in foreign.... Fees to collect attorneys fees owed as a matter of right under the Rule... Below, failure to meet and confer, though it doesnt usually involve an actual meeting. Decide to seek sanctions not intended to create, and officers, directors, and managing agents parties... Confer here may be entitled to reasonable compensation for the time and effort entailed court may hold witness... 30B.21, case 1, 1 F.R.D a breach of this Client Alert Memorandum is not to. Provide a list of class members granted review in the United States between the.! 502. include the cost of fees to collect attorneys fees owed as a meet and confer may., you may decide to seek sanctions plaintiffs have subsequently filed a motion production. Jane Smith, to compel the deposition of Dr. Terrebonne list of class members retains the text of the in. From Facebook and denied Facebooks motion to compel, and officers, directors, officers. Unretained experts a deponent fails to attend a deposition, the court may hold that witness in contempt applies... Preserve the information must preserve the information until the claim is resolved 10 ] or does the subpoena to... Fails to attend a deposition, the Supreme court granted review in the possession of a subpoena to the! Information must preserve the information must preserve the information until the claim is resolved depositions of parties need not the...