Ninth Circuit Clarifies "Undue Burden" Under FRCP 45(c)(1) | Practical Law

Ninth Circuit Clarifies "Undue Burden" Under FRCP 45(c)(1) | Practical Law

In Mount Hope Church v. Bash Back!, the US Court of Appeals for the Ninth Circuit held that sanctions imposed under FRCP 45(c)(1) for creating an "undue burden" on the recipient of a subpoena are inappropriate unless there was an oppressive or facially defective subpoena or bad faith by the requesting party.

Ninth Circuit Clarifies "Undue Burden" Under FRCP 45(c)(1)

Practical Law Legal Update 3-522-6771 (Approx. 3 pages)

Ninth Circuit Clarifies "Undue Burden" Under FRCP 45(c)(1)

by PLC Litigation
Published on 28 Nov 2012USA (National/Federal)
In Mount Hope Church v. Bash Back!, the US Court of Appeals for the Ninth Circuit held that sanctions imposed under FRCP 45(c)(1) for creating an "undue burden" on the recipient of a subpoena are inappropriate unless there was an oppressive or facially defective subpoena or bad faith by the requesting party.