Can Subpoenas Issue After Discovery Closes? Part 2

In case anyone didn’t get the message, the answer is no.

Nevertheless, because trial is looming and Horizon Lines has asked the Court to issue a subpoena against Dr. Simons for his medical records, the Court will address Horizon Lines’ request for a subpoena. The brief answer is that, contrary to Horizon Lines’ contention, there is a relationship between Rule 26 and Rule 45 and “parties should not be allowed to employ a subpoena after a discovery deadline to obtain materials from third parties that could have been produced before discovery.”

Williamson v. Horizon Lines LLC, 248 F.R.D. 79, 83 (D. Me. 2008) (quoting 9A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 2452 (3rd ed. 2008)).