If a party to a lawsuit serves a non-party with a subpoena duces tecum to produce documents, and the non-party files an objection with the court so as to not comply with the subpoena, are both the Plaintiff and Defendant then allowed to file responses to the non-party’s filed objection?
I’m a party to a suit. The opposing party sent a subpoena to a non-party. The non-party filed an objection to the subpoena. I want to file a non-oppositional response to the non-party’s filed objection. Can I do this, or would it be improper?
A: Assuming that you are in Superior Court, the rule to look at is Arizona Rule of Civil Procedure 45. I reviewed it very quickly and didn’t see anything right on point. You may want to review it with more care. I see very little downside to you filing something on the issue so that the judge can have your point of view on the issue.
* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.
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