· 10/10/1963
Bohemia Lumber Co. v. Eimco Corp.
Citations
- 223 F. Supp. 178
- 1963 U.S. Dist. LEXIS 9644
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the moving party “carr[ies] the burden of proving that a subpoena imposes an undue burden on a witness”
- noting courts in the Second Circuit have interpreted Rule 45’s personal service requirement “liberally where the type of service used ‘was calculated to provide timely actual notice.’”
- “Unlike service of most litigation papers, service [of a Rule 45 subpoena] on an individual’s lawyer will not suffice.”
- “[F]oreign nationals living abroad are not subject to subpoe! outside the United States.” (collecting cases)
- “[I]t is difficult to determine whether testimony will be cumulative or irrelevant before it is actually proffered.”
- “Both the United States and the [UK] are signatories to the Hague Convention and neither country has objected to direct service through postal channels.” (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Kilkenny
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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