Q: Does a new discovery subpoena have to be issued after an amended complaint is filed?
In a federal civil lawsuit, if Plaintiff files a complaint, then subpoenas a third party for documents and - before the third party can respond to the subpoena - Plaintiff then files an amended complaint, must he issue a new subpoena or is the previous subpoena still valid?
A:
In federal civil litigation, the issuance of a subpoena for discovery is governed by the Federal Rules of Civil Procedure. When an amended complaint is filed, it does not automatically invalidate a previously issued subpoena. The subpoena remains valid as long as the discovery sought is still relevant to the case.
However, if the amended complaint significantly alters the scope of the litigation such that the information requested in the subpoena is no longer relevant, or if the third party objects on such grounds, then a new subpoena reflecting the revised scope of discovery may be necessary. It's important to carefully review the changes in the amended complaint and assess their impact on the relevance of the information sought in the subpoena.
Consulting with an attorney to determine the appropriate course of action, including the potential need for a new subpoena, is advisable.
1 user found this answer helpful
A: The original subpoena can still be valid - it could depend on whether the new scope of information sought is consistent with the original. An attorney could advise more definitively with additional details. Good luck
1 user found this answer helpful
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