Motion to Quash or Modify a Subpoena

When the motion to quash or modify a subpoena is used

Timing: promptly — the motion must be timely. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• On timely motion, the court must quash or modify a subpoena that fails to allow a reasonable time to comply; requires a person to comply beyond the geographical limits in Rule 45(c); requires disclosure of privileged or other protected matter if no exception or waiver applies; or subjects a person to undue burden (Rule 45(d)(3)(A)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 45(d)(3) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to quash or modify a subpoena in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion to quash or modify a subpoena procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Subpoena: a court command requiring a person to appear and testify or to produce documents or things.

Related procedures

Similarly, these procedures often come up alongside it:

• Subpoena: a court command requiring a person — often a nonparty — to testify or produce documents.
• Motion for a Protective Order: a request that the court, for good cause, protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense in discovery.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.