I don’t have time to write new content today, so for my readers who complain when I don’t have a new post every day I am directing you to this practice tip at Anderson’s blog. The subject is Miss. R. Civ. P. 45 and who has to file a motion if the person served objects to the subpoena.
Anderson notes:
The burden to go to court is on the party serving the subpoena, not on the served party — which makes sense. Arguably you don’t even have to file the objections (tho I would anyway), just serve them.
This is pretty obvious on the face of the rule, but since three lawyers smarter than I am didn’t know this the other day, it seems worth posting.
Years ago in my big firm days I dissected Rule 45, though I can’t remember why. It led me to the conclusion that most lawyers have never read it. In addition to the language that Anderson cites, there are provisions that:
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Mississippi residents can only be required to attend a deposition or produce documents in the county where he/she resides, is employed or transacts business [45(b)]; and
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the subpoena must give at least 10 days to produce documents [45(d)(2)].
Lawyers can get very frustrated when they don’t know this rule and run into someone who does and doesn’t want to produce documents.