VII. What constitutes compliance?

Where a subpoena commands the production of documents, but does not command that an individual appear, e.g. for deposition, in person, then the individual need not appear so long as the documents are produced at the locale and time commanded by the subpoena. Fed. R. Civ. P. 45(c)(2)(A).

Where a subpoena commands an individual to appear at a specified place and time, the individual must appear at that place and time. Fed R. Civ. P. 45(a).

Documents may be produced in response to a subpoena as they are kept in the usual course of business, or organized and labeled to correspond with the categories listed in the subpoena. Fed. R. Civ. P. 45(d)(1).

When claiming that the content of subpoenaed records are privileged, the subpoenaed person must assert the privilege explicitly and describe the assertedly privileged content sufficiently to enable the party responsible for the subpoena to contest the claim of privilege. Fed. R. Civ. P. 45(d)(2).