Notice to opposing party of a subpoena to a third party

[TedK]

We are ready to send out a subpoena to a third party for information related to a patent infringement action ... do we need to serve (or copy/notice) opposing counsel that we are doing so ? We are in the ND CA, and FRCP 45 does not appear to address the issue.

thanks, Ted

[Mr. Knowitall]

This is simply a subpoena to try to produce documents or tangible items - not for a deposition or other form of formal discovery?

There is some reason why you want to keep this secret from the opposing party?