Discovery: Subpoenas: Subpoena Duces Tecum

Brown v. Morin [06/09/15] 2015 MTWCC 10 Where a subpoena duces tecum was improperly served by mailing it to the opposing party’s attorney less than 10 days before that party’s deposition, the party improperly served had no duty or obligation to object to the improper service or to move to quash the subpoena.

Brown v. Morin [06/09/15] 2015 MTWCC 10 While M.R.Civ.P. 5(b) and M.R.Civ.P. 45(c) impose an obligation on a party to provide notice of any subpoena served by serving the party’s attorney with a copy, the obligation to notify parties of a subpoena does not trump the requirements that a subpoena duces tecum be personally served upon the party commanded to produce the documents by a person who is not a party to the case.