The Advisory Committee on Civil Rules proposed amendments to Federal Rule of Civil Procedure 45(c), along with related changes to Rule 26(a), to clarify that courts may compel remote trial testimony from witnesses located anywhere in the United States, so long as the witness is not required to travel beyond Rule 45(c)’s 100-mile limitation. The proposal responds to the Ninth Circuit’s decision in In re Kirkland, which interpreted the rule to restrict subpoena authority based on the physical location of the courtroom, and seeks to restore nationwide subpoena power while preserving protections against undue travel burdens.

AAJ filed a formal comment on February 13, 2026 supporting the proposed amendments and agreeing that they properly correct Kirkland and modernize subpoena authority. AAJ urged modest clarifications to the rule text and Committee Note to ensure that “place of attendance” is understood to refer to the witness’s physical location for travel-limit purposes, while remote testimony is deemed to occur in the courtroom for purposes of Rule 43’s “open court” requirement.

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