The Federal Rules of Civil Procedure’s Rule 45, which outlines the subpoena process and how it relates to third-party e-discovery, was the topic of a Friday panel discussion at the American Bar Association’s 8th Annual National Institute on E-Discovery, held at Proskauer Rose‘s 11 Times Square office in New York.
William McManus, a shareholder at Ryley Carlock & Applewhite, moderated the 45-minute discussion, “Is My Dog in the Fight? Cost Considerations for Third-Party E-Discovery.” A key theme was that the undue burden (read: costs) associated with third-party discovery requests must be clearly articulated to the court if you want to get the order quashed, or convince the judge that cost shifting is needed, the panelists asserted.
