Also known as: mile
Written by attorneys · grounded in primary & secondary sources — see below
A standard unit of linear distance equal to 5,280 feet.
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Malcolm McKinley sues a defendant in federal court. The defendant seeks to introduce a deposition of a witness located 120 miles from the courthouse. McKinley objects that the witness is unavailable. The court admits the deposition because the witness resides more than 100 miles from the place of trial.
Michelle Murphy serves a subpoena on a records custodian whose office lies 95 miles from the federal courthouse. The custodian moves to quash, arguing the distance exceeds the rule's reach. The court denies the motion because the location falls inside the 100-mile boundary measured from the custodian's place of employment.
Michael Miller sells his medical practice and agrees not to practice within 25 miles for three years. Two years later he opens an office 22 miles away. The buyer seeks an injunction. The court enforces the covenant because the new location lies inside the contractual mileage restriction.
Maya Malik receives a subpoena duces tecum demanding production of records at a site 110 miles from her principal place of business. She moves for a protective order. The court shifts the production site because the designated location exceeds the 100-mile limit measured from her regular place of business.
Marcus Morales is subject to a civil-contempt order issued in a federal district court. The order is served at a location 90 miles outside the issuing court's state. The court upholds service because the location is within 100 miles from where the order was issued.
Martin Morales is appointed a district judge outside the District of Columbia. He maintains a residence 15 miles from the district boundary. The court finds compliance because the residence lies within the 20-mile statutory allowance measured from the district to which he is appointed.
A witness is unavailable for live testimony when located more than 100 miles from the place of hearing or trial, unless the offering party procured the absence. This distance triggers the right to use the witness's deposition in place of live testimony.
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A subpoena may command a person to attend only within 100 miles of where the person resides, is employed, or regularly transacts business in person. Production of documents is likewise limited to a place within that same 100-mile radius.
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Courts measure the radius from the protected location outward in a straight line. A party who opens a competing business inside the stated mileage limit breaches the covenant even if travel distance by road is longer.
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…In Daniel v. Paul , 395 U. S. 298 (1969), this Court found an effect on commerce caused by an amusement park located several miles down a country road in the middle of Alabama—because some customers (the Court assumed), some food, 15 paddleboats, and a juke box had come from out of state. See id. , at 304-305, 308. In…