I have a federal case where opposing counsel continues to demand we file our “notice of intent to serve” a non-party subpoena with the Clerk. I know FRCP requires we provide notice to the other parties, but I’ve never known the rule the require the notice be filed. Have I missed something?

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I’ve always filed a notice of intent




Some local rules might require it. I believe the District of Delaware has such a local rule, for example.




I’ve never done this and some local rules explicitly prohibit it.


Check local rules—sometimes they have to be filed, sometimes they don’t. Ask OC for the rule citation, better yet lol


Check the local rules. If it’s not required and they still insist, either ignore them or tell them they’re more than welcome to do a notice of filing your notice if it bothers them that much. They on the defense side?


If it did change, we missed the memo because we severed a handful of these last week and o/c didn’t say anything.

I only do this in state court.

Check Local Rules. Know some districts that prohibit it and will strike it from the docket.

It depends on the court.

May depend on the state/court. In FL, we filed the notice of intent in both state and federal court. A firm I worked with in GA didn’t do it for either tho.

We don’t do this in WA FWIW

“Demands” hahaha

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