9th U.S. Circuit Court of Appeals
Jul. 31, 2023
Federal geographical limitation on subpoena powers applies to remote appearances
“Moreover we conclude that despite changes in technology and professional norms, the rule governing the court’s subpoena power has not changed and does except remote appearances from the geographical limitations on the power to compel a witness to appear and testify at trial,” 9th Circuit Judge Danielle J. Forrest wrote.
A federal geographical limitation on subpoena powers applies even in cases where witnesses are authorized to testify remotely, according to a 9th Circuit ruling. The court found that the U.S. Bankruptcy Court for the Central District of California erred in allowing subpoenas against litigants living in the U.S. Virgin Islands, beyond the federal 100-mile limit.
“We have not previously addressed the application of Rule 45(c)’s geographical ...
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