Fillable Maine Court Form (Page 2 of 2) in pdf

Rule 45(c): Protection of Persons Subject to Subpoenas.

(1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps

to avoid imposing undue burden or expense on a person subject to that subpoena. The court for which the subpoena

was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction,

which may include, but is not limited to, lost earnings, a reasonable attorney's fee, and other reasonable expenses

incurred in seeking the sanction.

(2) (A) A person commanded to produce and permit inspection and copying of designated books, papers,

documents, or tangible things, or inspection of premises, need not appear in person at the place of production or

inspection unless commanded to appear for deposition, hearing, or trial.

(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and

copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is

less than 14 days after service, serve upon the party or attorney designated in the subpoena a written objection to

inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party

serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to

an order of any justice or judge of the court for which the subpoena was issued. If objection has been made, the party

serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel

the production. Such an order to compel production shall protect any person who is not a party or an officer of a party

from significant expense resulting from the inspection and copying commanded.

(3) (A) On timely motion, the court for which a subpoena was issued shall quash or modify the subpoena if it:

(i) fails to allow a reasonable time for compliance;

(ii) requires a resident of this state who is not a party or an officer of a party to travel to attend a

deposition outside the county wherein that person resides or is employed or transacts business in

person or a distance of more than 100 miles one way, whichever is greater, unless the court

otherwise orders; requires a nonresident of the state who is not a party or an officer of a party to

attend outside the county wherein that person is served with a subpoena, or farther than 100

miles from the place of service, unless some other convenient place is fixed by an order of court;

(iii) requires disclosure of privileged or other protected matter and no exception or waiver

applies; or

(iv) subjects a person to undue burden.

(B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or

commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing

specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, 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 one way 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 otherwise be 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.

Rule 45(d) Duties in Responding to a Subpoena.

(1) A person responding to a subpoena to produce documents shall produce them as they are kept in the

usual course of business or shall organize and label them to correspond with the categories in the demand.

(2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to

protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of

the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to

contest the claim.

CV-035, Rev. 06/14

Page 2 of 2

Maine Court Form Page 2

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