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  1. #1
    Join Date
    Jan 2007

    Default Notice to opposing party of a subpoena to a third party

    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

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Notice to opposing party of a subpoena to a third party

    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?

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