Hill v. Star et al

Filing 202

ORDER re: subpoenas of non-party witnesses. Signed by Judge Thelton E. Henderson on 06/09/2015. (tehlc1, COURT STAFF) (Filed on 6/9/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TION ALONZO HILL,
Plaintiff,

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v.
JOSHUA ARNOLD, et al.,

Case No. 09-cv-05434-TEH
ORDER RE: SUBPOENAS OF NONPARTY WITNESSES

Defendants.

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On the first day of trial, it was brought to the Court’s attention that Plaintiff may

United States District Court
Northern District of California

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have served subpoenas for certain non-party witnesses’ attendance at trial on the San

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Francisco Mayor’s Office, even though the witnesses are officers of the San Francisco

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Sheriff’s Department.

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“Serving a subpoena requires delivering a copy to the named person . . . .” Fed. R.

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Civ. P. 45(b)(1). “The longstanding interpretation of Rule 45 has been that personal

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service of subpoenas is required.” 9A Charles Alan Wright & Arthur R. Miller, Federal

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Practice and Procedure § 2454 (3d ed. 2015); see also Chima v. U.S. Dep’t of Def., 23 F.

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App’x 721, 724 (9th Cir. 2001); In re Smith, 126 F.R.D. 461, 462 (E.D.N.Y. 1989).

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Considering the authorities cited above, the Court is not convinced that it has the

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authority to compel the attendance of any improperly served witnesses. Should this issue

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remain unresolved by the parties at the time for any allegedly improperly served witness to

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testify, Plaintiff is instructed to promptly file a motion with citations to authority in support

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of his actions and requested relief.

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IT IS SO ORDERED.

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Dated: 06/09/15

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THELTON E. HENDERSON
United States District Judge