Third-Party Discovery and Nonparty Subpoenas

Understanding Third-Party Discovery and Nonparty Subpoenas

In litigation, the discovery process is crucial for uncovering information pertinent to a case. While discovery primarily involves the parties directly engaged in the lawsuit, it also extends to third parties through the use of nonparty subpoenas. This article explains the essential aspects of third-party discovery and nonparty subpoenas in legal proceedings.

What is Third-Party Discovery?

Third-party discovery refers to the process of obtaining information from individuals or entities not directly involved in a lawsuit. These third parties might possess evidence relevant to the case, and the court can require them to share this information with the litigating parties. In many cases, third parties hold information that the primary parties to the case may not have or are unable to access directly, making third-party discovery a key component of the litigation process.

Introduction to Nonparty Subpoenas

A nonparty subpoena is a legal tool used to compel a third party to produce documents, electronically stored information (ESI), or provide testimony that is relevant to an ongoing litigation. Subpoenas can be classified