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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 TION ALONZO HILL, Plaintiff, 5 6 7 8 v. JOSHUA ARNOLD, et al., Case No. 09-cv-05434-TEH ORDER RE: SUBPOENAS OF NONPARTY WITNESSES Defendants. 9 10 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 11 have served subpoenas for certain non-party witnesses’ attendance at trial on the San 12 Francisco Mayor’s Office, even though the witnesses are officers of the San Francisco 13 Sheriff’s Department. 14 “Serving a subpoena requires delivering a copy to the named person . . . .” Fed. R. 15 Civ. P. 45(b)(1). “The longstanding interpretation of Rule 45 has been that personal 16 service of subpoenas is required.” 9A Charles Alan Wright & Arthur R. Miller, Federal 17 Practice and Procedure § 2454 (3d ed. 2015); see also Chima v. U.S. Dep’t of Def., 23 F. 18 App’x 721, 724 (9th Cir. 2001); In re Smith, 126 F.R.D. 461, 462 (E.D.N.Y. 1989). 19 Considering the authorities cited above, the Court is not convinced that it has the 20 authority to compel the attendance of any improperly served witnesses. Should this issue 21 remain unresolved by the parties at the time for any allegedly improperly served witness to 22 testify, Plaintiff is instructed to promptly file a motion with citations to authority in support 23 of his actions and requested relief. 24 25 IT IS SO ORDERED. 26 27 28 Dated: 06/09/15 _____________________________________ THELTON E. HENDERSON United States District Judge

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