New federal subpoena rules that took effect Dec. 1 mean that employers may not have to travel so far to give depositions in civil lawsuits or testify in out-of-state trial courts.
Changes to Rule 45 of the Federal Rules for Civil Procedure clarify that witnesses who aren’t party to a lawsuit can only be compelled to travel 100 miles from where they regularly do business to participate in depositions or hearings. For trials, witnesses can only be compelled to travel 100 miles or within their state.
For named parties in a lawsuit, the limits are 100 miles or within the state.
As always, ask your attorney for guidance whenever you receive a subpoena.
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