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Rule 45 of the Federal Rules of Civil Procedure governs discovery of nonparties by subpoena. FED. R. CIV. P. 45 ('Rule 45'). The Advisory Committee Notes to the 1970 Amendment to Rule 45 state that the 'scope of discovery through a subpoena is the same as that applicable to Rule 34 and other discovery rules.' Rule 45 advisory committee's note (1970). Under Rule 34, the rule governing the production of documents between parties, the proper scope of discovery is as specified in Rule 26(b). FED. R. CIV. P. 34. See also Heat & Control, Inc. v. Hester Industries. Inc., 785 F.2d 1017 (Fed. Cir. 1986) ('rule 45(b)(1) must be read in light of Rule 26(b)'); Exxon Shipping Co. v. U.S. Dept. of Interior, 34 F.3d 774, 779 (9th Cir. 1994) (applying both Rule 26 and Rule 45 standards to rule on a motion to quash subpoena).


Rule 45 itself provides that 'on timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it . . . subjects a person to undue burden.' Rule 45(c)(3)(A). Of course, 'if the sought-after documents are not relevant, nor calculated to lead to the ...

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