Flashcards Studio

In a pending civil action for damages arising from a motor-vehicle collision, the plaintiff issues a subpoena duces tecum to a nonparty data-security firm located in a different city. The subpoena directs the firm’s designated custodian to appear and testify at the next pre-trial conference and to produce five years of incident reports, internal emails, and communications with the defendant’s in-house counsel relating to the action. The subpoena was issued by the trial court and served by a sheriff ten days before the hearing. The firm objects, contending that the production requests are overly broad and seek privileged communications. Advise on: (a) whether the subpoena is valid and enforceable for appearance and production; (b) what grounds may be raised to quash or modify the subpoena and the proper procedural path to do so; (c) what remedies are available if the nonparty refuses to comply and whether contempt may lie.