Flashcards Studio

In a pending civil action for professional negligence against a private security firm, the plaintiff issues a subpoena duces tecum to a nonparty security incumbent custodian located in another city. The subpoena requires the custodian to appear and testify at the next pre-trial conference and to produce three years of incident reports, internal memos, and emails between the custodian and the defendant’s in‑house counsel relating to the incident. The subpoena is issued by the trial court and served by a sheriff ten days before the hearing. The custodian objects, arguing 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.