Civil Procedure,
9th U.S. Circuit Court of Appeals
Aug. 23, 2023
Ninth Circuit’s plain text ruling on Rule 45 won’t be the last word
In re Kirkland: the location of the proceeding - not the person - still matters for Rule 45 compliance in our post-pandemic world.
Paul A. Werner
Partner
SheppardMullin
Paul Werner is a partner in the Business Trial Practice Group and served as the Practice Group Leader for many years. He is a member of the Firm's Executive Committee and is a past member of its Compensation Committee. Paul is resident in the Washington, D.C. office.
Imad Matini
Partner
SheppardMullin
Imad Matini is a partner in the Business Trial Practice Group in the firm's Washington, D.C. office.
Before the COVID-19 pandemic, there was not much ambiguity in how to interpret Rule 45's "Place of Compliance" rule, which restricts a federal court's power to compel a witness to testify at a hearing or trial more than 100 miles from the proceeding. But with the proliferation of video-conference capabilities, and parties' and courts' increased reliance on them to conduct routine matters efficiently, some courts have given the requirement a more flexible and practical...
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