E-Discovery: Nonparty Responses to Subpoenas and Preservation Demands | Practical Law
A Practice Note examining the practical considerations for nonparties responding to subpoenas for electronically stored information (ESI) or to prelitigation or informal demands to preserve ESI. In particular, this Note explains the ESI-related objections a nonparty may assert when served with a subpoena under Federal Rule of Civil Procedure (FCRP) 45, as well as a nonparty's available courses of action when served with an ESI preservation demand in the absence of a pending lawsuit.