Persons and entities not directly involved in litigation nevertheless face the prospect of being served with nonparty subpoenas by litigants in both federal and state courts. In federal court, Federal Rule 45 governs subpoenas directed to nonparties. These subpoenas could seek deposition testimony, the production of documents, and inspections. Parties to litigation may not abuse Federal Rule 45’s subpoena power, however, and subpoenas served pursuant to Rule 45 must seek testimony, documents, or inspections that are relevant to any party’s claim or defense and proportional to the needs of the case. Federal Rule 26’s instructions regarding relevance and proportionality also apply in the context of Rule 45 subpoenas to protect nonparties from undue burden or expense.

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