A bankruptcy court erred in allowing live-video testimony to bypass federal limits on subpoenas of remotely located witnesses, the Ninth Circuit ruled.
“Despite changes in technology and professional norms, the rule governing the court’s subpoena power has not changed,” the US Court of Appeals for the Ninth Circuit said Thursday, addressing for the first time “a question of increasing import.”
Rule 45(c)(1) of the Federal Rules of Civil Procedure prohibits courts from commanding witnesses to testify, even remotely, if they live out of state or more than 100 miles away, the opinion said.
The US Bankruptcy Court for the Central ...
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