[Mr. Lucky]

Aw jeez, guys. A subpoena to a non-party for production of documents is governed by Rule 45 of the Federal Rules of Civil Procedure. FRCP 45(c)(2)(B) specifies that the entity resisting production make its objection in writing to the party seeking discovery. If the party doesn't like the objection, she may raise the issue before the court.

The only real question is whether the court will rely on FRCP 45 (c)(1), FRCP 11(c), or both when it imposes sanctions on Orly for this latest publicity stunt.

[STJPII]

Undue burden under FRCP 45 (c)(1)? Plueeese. That is is the most often used but least meritorious legal arguement. It is the epitome of boiler plate. BTW, I would love to hear Hawaii make the “undue burden” arguement without laughing or smirking.

FRCP 11(c)? Which subsection.

While the LFBC release may have temprarily squelched political questions, it opened the waiver door.