LITIGATION ALERT: ELECTRONICALLY STORED INFORMATION: Duty of a Non-Party to Produce

Non-parties such as financial institutions, accounting firms, health care providers, and other businesses are often in exclusive possession of documents and information relevant to disputes in which they have no identifiable stake. Litigants attempting to secure such information from non-parties may issue subpoenas under Rule 45 of the Federal Rules of Civil Procedure. Increasingly, the information sought consists of electronically stored information (“ESI”), which Rule 45 specifically addresses in subpart (d)(1).