Webinar on The Sedona Working Group 1 Commentary on Rule 45 Subpoenas to Non-Parties, Second Edition

Date: Thursday, February 27, 2020

Time: 1:00 p.m. Eastern Standard Time

Duration: 90 minutes

Sedona first published its Commentary on Rule 45 Subpoenas to Non-Parties in 2008. Since publication of the 2008 edition of this Commentary, there have been several revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence. In 2013, Rule 45 was substantially revised with the intent of decreasing disputes and streamlining the practice of non-party discovery. The 2015 amendments to the Federal Rules of Civil Procedure did not alter Rule 45, but revisions to other rules—such as the scope of discovery under Rule 26—relate to non-party subpoena practice.

The Sedona Conference Working Group 1 has drafted a detailed guide analyzing:

  • The Rule changes and the impact on non-party discovery
  • Possession, Custody, and Control and the impact of each on Rule 45 obligations
  • The extent of preservation obligations on non-parties
  • How to evaluate undue burden claims of non-parties
  • Cost-shifting factors

The paper concludes with succinct practical advice and best practice recommendations for both requesting and responding parties.

Join our panel of experts to understand how The Sedona Conference Commentary on Rule 45 Subpoenas to Non-Parties, Second Edition can help you understand how to efficiently approach non-party discovery, and how to evaluate and re-assess your best practices.

In addition, the Working Group 1 Steering Committee and Drafting Team are interested in your comments on this publication before it is finalized later in 2020. The panel will address your questions and comments during the webinar, and comments may be submitted in writing to [email protected] through March 6, 2020.

You can download your free copy of the Commentary on Rule 45 Subpoenas to Non-Parties, Second Edition, Public Comment Version here. Registration is not required to download the Commentary, but logging in with your Sedona Conference username and password facilitates faster access.

Host and Moderator

Kenneth J. Withers
The Sedona Conference
Phoenix, AZ, USA


Reed Smith LLP

New York, NY, USA


Washington, DC, USA

Husch Blackwell LLP

Kansas City, MO, USA

Proskauer Rose LLP

New York, NY, USA

DLA Piper

New York, NY, USA