The Sedona Conference (TSC), a research and educational institute dedicated to the advanced study of law and policy in the areas of antitrust law and complex litigation founded in 1997, has released the Commentary on Rule 45 Subpoenas to Non-Parties, Second Edition. TSC published its first edition of this Commentary in 2008. The Second Edition is now open for public comment now through March 6th.

Rule 45 addresses the subpoenas to the non-parties in cases today. Due to the impact on the advanced technology we continue to develop and use, this rule has been repeatedly used.

The Commentary is 49 pages and has six parts. Part II covers Rule Changes and their impact on Non-Party Discovery. Part III covers the Possession, Custody and Control Framework and their impact on Rule 45 Obligations. Part IV discusses Preservation obligations, prior to and after receipt of a subpoena and remedies for spoliation. With the spoliation law being used for non-parties in cases this brings attention to the eDiscovery world. Part V discusses Rule 45(d) Costs, Sanctions, and Motion Practice. Part VI discusses Rule 45 Practice Pointers.

How does your organization address the spoliation law? What do you think about subpoenas of non-parties in litigation today?