For many years, anyone who received (or whose client received) a subpoena in a U.S. International Trade Commission investigation experienced a frustrating procedure. The subpoena recipient had only 10 days to move to quash the subpoena (or seek an extension of that deadline), or risk the harsh punishment of a waiver of all objections to the subpoena.

As of June 7, 2018, however, those woes are no more. The ITC adopted a new rule related to subpoena practice that is intended to bring it in line with the traditional federal court procedures, where the subpoena recipient can object to the subpoena without having to file documents with the court and then negotiate the subpoena’s scope. If the party serving the subpoena is dissatisfied with the nonparty’s response to the subpoena, the burden now falls to the serving party to initiate motion practice, rather than the recipient.

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