tag:blogger.com,1999:blog-5383512304639632735.post8198945598195296664..comments2024-01-23T07:34:52.253-08:00Comments on Copyrights & Campaigns: Tenenbaum files motions on witness fees, web use in courtroom, voir dire by attorneysBen Sheffnerhttp://www.blogger.com/profile/06477793715765992689noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5383512304639632735.post-17576601561313862342009-07-15T10:27:18.656-07:002009-07-15T10:27:18.656-07:00Since I comment enough, I figured that I ought to ...Since I comment enough, I figured that I ought to start going by a name :-p<br />Thank you for the shout out on my anonymous comment regarding witnesses over 100 miles out.<br />I was thinking this morning...what would I think if I were Harvard alumni or a student in Professor Nesson's evidence class?<br />From what I can tell, Prof. Nesson sometimes reads your blog and the comments, so I would put this question to him--respectfully, I might add; enough people have commented on his genius that I am not going to sit here and say he isn't very smart having never met the man.<br />Professor Nesson, you teach Evidence, which, ok, isn't Civil Procedure, but its pretty close and often (as it does here) has a lot of overlap. How could you either not know these rule or ignore them in a Court filing?<br />FRCP 45(b)(2) does not allow trial subpoenas outside the district more than 100 miles from the trial. If you were to try to issue the subpoena from Washington, DC, where the witnesses reside/work, FRCP 45(c)(3) "REQUIRES" a court to quash any subpoena requiring travel of more than 100 miles unless the trial is in the same state as the person. Even the most junior litigation associate learns that if you want to compel testimony of such a person at trial, you take the deposition of the person where they reside and use that deposition at trial under FRCP 32(a)(4). This, as I am sure you are aware, is known as a "de bene esse" deposition.<br />Having not taken such a deposition, unless you have a reason that I am not aware of, I would agree with Mr. Sheffner, that you are simply "out of luck."jpnoreply@blogger.com