This Article will analyze the various approaches courts follow when deciding if a nonparty can be compelled to produce documents located outside the judicial district where a rule 45 subpoena duces tecum is issued. Part I will review the procedure for nonparty document discovery and discuss the decisional law applying the enforcement provisions of rule 45. Part II will analyze the jurisdictional principles used by federal district courts to determine when documents under the control of nonparties, and not located within the territorial limits of the court, should be produced for discovery purposes. Part III will recommend the appropriate approach to be followed by federal district courts when asked to enforce the nonparty subpoena provisions of rule 45.
Jay C. Carlisle, Nonparty Document Discovery from Corporations and Governmental Entities Under the Federal Rules of Civil Procedure, 32 N.Y. L. Sch. L. Rev. 9 (1987), http://digitalcommons.pace.edu/lawfaculty/32/.