To: scion who wrote (58 ) 1/18/2002 3:23:12 PM From: scion Read Replies (1) | Respond to (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or(iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (B) If a subpoena or commercial information, or(iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.(e) Contempt.An adequate cause for failure to obey exists when a subpoena purports to require a non-party to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A). Go2Net, Inc. is strongly committed to protecting the privacy of its user community.
