What If 3rd Party Ignores Your Subpoena For Documents?

You are in an adversary and need documents from a third person (not a party to the lawsuit).  You issue upon him a subpoena with the discovery request for documents (subpoena duces tecum).  He ignores it.  What do you need to do?  If your knee-jerk reaction was “…I’d file a motion to compel!” then you’d be wrong.  The answer is ….

If the 3rd party ignores the subpoena — it is a contempt proceeding, so you have to file a motion for an order to show cause re: contempt per LBR 9020-1.  (cue dramatic music).

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