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89 Tul. L. Rev. 277 (2014-2015)

handle is hein.journals/tulr89 and id is 287 raw text is: The 100-Mile Colonial Leash: The Durability of the Federal Subpoena Rule in Twenty-First-Century Multidistrict Litigation Chloe M. Chetta* Procedural problems umque to multkidhsct litigation recently led to a spl't among and witlin the nation N federal &strict courts. Judges enforced the federal 100-mile subpoena nle hfferndy for parties and party officers compelled to testify at tial These divergentjudicial opinions ultimately required congressional intervention. However Congrssk recent amendments, which reinforce the long-standing rule, air inconsistent with the ideals of multdistrict litigation. To adhere to the goal of securng the jus4 speedy, and inexpensive resolution of every action, the Advisory Committee on Civil Rules must recognize that traditional lirmations on a judge s procedural authority to compel witness testimony will no longer suffice. This Comment proposes a solution to this persistent problem by amending Federal Rule of Civil Procedure 45 to eliminate the 100-mile subpoena nile in multidstct litigation, fmal4' hveing the modem judicial process from archaic resants and promoting the adminstation ofjustice on a national scale. I. INTRODUCTION ............................................................................. 278 II. BACKGROUND ON MULTIDISTRICT LITIGATION .......................... 279 Ell. ORIGIN AND PERPETUATION OF THE 100-MILE SUBPOENA R U LE ............................................................................................. 2 82 A. Historical Tmdton of the 100-Mile Subpoena Rule ....... 283 B. Codification of the 100-Mile Subpoena Rule ................... 284 IV COMPETING INTERPRETATIONS OF THE 100-MILE SUBPOENA RULE PRIOR TO TiH 2013 AMENDMENTS TO R U LE 45 ........................................................................................ 286 A. Majority View. Subsection 45(c)(3)(A)() Expanded the Court s Subpoena Power over a Party or Party Officer .................................................................. 287 * © 2014 Chlod M. Chetta. J.D. candidate 2015, Tulane University Law School; B.A. 2012, Louisiana State University. Thank you to Professor Edward E Sherman for his invaluable insight and thoughtful feedback; without both his brilliance and kindness, the complexities of civil litigation surely would have escaped me. I am also grateful to Jeffrey Gelpi for his comments on earlier drafts. Most importantly, I am forever thankful for my family's unending support as I pursue my passion, always with them in mind.

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