WYOMING COURT RULES

128 information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) Claiming Privilege or Protection. — (A) Making a Claim. — When information or material subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made ex- pressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) Information Produced. — If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) Contempt. — Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by subparagraph (c)(3)(A)(ii). History: Added February 2, 2017, effective March 1, 2017. Source. — This rule is similar to Rule 45 of the Federal Rules of Civil Procedure, prior to the 1991 amendment of the federal rule. Attorney-client privilege. — District court’s decision that a limited liability compa- ny’s (LLC) attorney-client privilege or attorney work product claims was reasonable because the LLC made a blanket assertion of the attor- ney-client privilege, and there were no requests in the investigative subpoena that implicated the attorney-client privilege ; it could not be discerned from the record that the LLC was a law firm or that there existed an attorney-client relationship between it and its clients or cus- tomers. WyoLaw, LLC v. State, 2021 WY 61, 486 P.3d 964, 2021 Wyo. LEXIS 70 (Wyo. 2021). Cross references. — As to depositions and discovery generally, see Rules 26 through 37. As to subpoena for production of documents and things, see Rule 30(b). As to disobedience of subpoena punishable as contempt of court, see § 1-12-106. As to authority of arbitrators to issue subpoena, see § 1-36-109. As to subpoena duces tecum in county court, see § 5-5-138. As to subpoena in juvenile court, see § 14-6-217. As to subpoena in administrative proceeding, see § 16-3-107.