Ordinarily a person must first appear for his deposition and then raise any objection to the particular testimony or documentation sought. See Silkwood v. Kerr-McGee Corp., 563 F.2d 433, 437 (10th Cir. 1977). An alternative approach is to request of demand that a deposition be conducted through written interrogatories. See Fed. R. Civ. P. 31. This procedure, which was ordered to be employed by the United States District Court for the District of Colorado in Donohue v. Hoey, Civil Action No. 97-M-2595, allows the reporter's counsel to assert the privilege on a question-by-question basis and permits the Court to determine whether the privilege applies and/or is overcome prior to ordering any response be given.
A reporter complies with a subpoena for testimony in a criminal trial by appearing and giving testimony at the appointed time. Fed. R. Crim. P. 17(a). A reporter complies with a subpoena for documents or other items in a criminal proceeding by producing the subpoenaed materials at the time and in the manner appointed in the subpoena. Fed. R. Crim. P. 17(c). A reporter complies with a subpoena for documents in a civil trial by producing the documents "as they are kept in the ordinary course of business" or in a way "to correspond to the categories in the demand." Fed. R. Civ. P. 45(e)(1)(A). If a subpoena commands only documents or other tangible things, and not testimony, it is not necessary to appear at the hearing or trial. Fed. R. Civ. P. 45(d)(2)(A).
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).
Alaska appellate courts have not had occasion to squarely address the existence or scope of a reporter's privilege. Various trial courts have recognized and applied the qualified constitutional privilege in a number of cases, and in none of these has testimony or production of documents been compelled.
As a general matter, compliance is determined by reference to the scope of the subpoena, as that scope may or may not be adjusted by the ruling of a court upon a motion to quash or other assertion of privilege. The nature of the compliance may also be determined by agreement between the parties that a production, or testimony, of information less than the actual scope of the subpoena, or subpoena duces tecum, will satisfy the opposing party.
(1) Producing Documents or Electronically Stored Information.
A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified.
If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form.
The person responding need not produce the same electronically stored information in more than one form.
The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery, motion for a protective order, or motion to quash, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(5). The court may specify conditions for the discovery, including those listed in Rule 26(b)(5).
(2) Claiming Privilege or Protection
(A) Information Withheld.
When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.
(B) Information Produced.
If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.
In a civil case, a party issuing a subpoena for the production of documents and things must provide parties to the action with notice of not less than 15 days. NRCP 45(b)(1). Non-parties who are subpoenaed to produce documents or other materials are not required to be provided specific time to comply, but the rule does require an issuing party to take reasonable steps to avoid imposing undue burden or expense. NRCP 45(c)(1). Additionally, a subpoena issued to a non-party for the production of documents or for inspection does not require personal attendance. NRCP 45(c)(2)(A).
In a civil case, non-parties who are subpoenaed to produce documents must be given at least fourteen (14) days to comply. Utah R. Civ. P. 45(e)(2). Such a non-party need not appear personally at the site at which the documents are to be inspected. Utah R. Civ. P. 45(e)(2).
There is no authority in Wisconsin addressing what members of the news media must do to comply with a valid subpoena that is not subject to the privilege. Generally, a person must make a good faith effort to comply with any subpoena. See generallyNe. Corp. Ctr. v. Bd. of Review, 610 N.W.2d 511 (Wis. Ct. App. 2000).