In Legal Voice, FKA Northwest Women's Law Center v. Stormans Inc. (http://www.metnews.com/sos.cgi?0114//12-35224), the Ninth Circuit clarified certain rights of a non-party recipient of a Rule 45 subpoena. First, the Ninth Circuit held for the first time that a non-party can appeal interlocutory orders against it within 30 days of their issuance or after final judgment. Before Legal Voice it was unclear that a non-party could wait until after final judgment to appeal.
Second, the Ninth Circuit interpreted sub-section (d)(2)(B)(ii) of Rule 45 which requires that a court protect a non-party ordered to produce documents over objections from "Significant" costs. In this case, the Ninth Circuit held that $20,000 costs of compliance was plainly "significant" and required that costs be shifted -- notwithstanding the trial court's order to the contrary. This should make it easier for non-parties to obtain an order reimbursing them for costs of compliance of subpoenas.