Knowledge Center

Tuesday, May 27, 2014

A recent decision in the Southern District of New York, Wultz v. Bank of China, 2014 U.S. Dist. Lexis 1841 (S.D.N.Y. February 13, 2014), required a non-party bank to prepare a Rule 30(b)(6) witness with information that was only available overseas. There, Bank of China subpoenaed Bank Hapoalim, a non-party Israeli bank, requesting documents pertaining to transactions and wire transfers involving an alleged Islamic Jihad leader. Bank Hapoalim moved to quash, arguing that Rule 45 did not require it to prepare a witness when there were no employees in its New York office with knowledge of the subpoena topics and to comply, the bank would have to produce a witness from Israel, which would violate the 100-mile rule in Rule 45. Bank of China responded that because the court had jurisdiction over the New York branch of Bank Hapoalim that Rule 30(b)(6) required that bank to prepare a New York employee to testify.

To read more, please visit our IARG blog HERE.

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