No Rule 45 Geographic Restrictions on District Court Orders to Appear

In Backertop Licensing LLC v. Canary Connect, Inc., the Federal Circuit found Rule 45 of the Federal Rules of Civil Procedure does not limit a district court’s authority to sua sponte issue an order to appear. Below, the Delaware District Court ordered Backertop Licensing LLC’s sole owner, Ms. Lori LaPray, to appear in-person to answer questions related to Backertop’s funding arrangements, potential unnamed real parties in interest, possible attorney misconduct, and other issues. The District Court found Ms. LaPray in contempt after she refused to appear. On appeal, Backertop and Ms. LaPray argued Rule 45’s geographic limitations apply to the District Court’s order, so the court could not require Ms. LaPray to travel more than 100 miles to attend a hearing in Delaware. The Federal Circuit disagreed, finding Rule 45 applies only to attorney- and party-initiated subpoenas, not orders issued under the Court’s inherent authority.

The Federal Circuit also affirmed the District Court’s contempt order, finding it was reasonable for the District Court to require in-person testimony to assess witness credibility as part of the Court’s investigation of attorney and party misconduct. Moreover, the District Court had offered to accommodate Ms. LaPray’s claimed conflicts with specific hearing dates. The Federal Circuit found no abuse of discretion in holding Ms. LaPray in contempt under these circumstances.