Discovery
Subpoenas and Non-Party Discovery
Rule 45(d)(3) requires quashing a subpoena that fails to allow reasonable time, requires travel beyond geographic limits, requires disclosure of privileged matter, or subjects a person to undue burden.
The motion is filed in the court where compliance is required.
Alternative Names:
Quash Subpoena, Subpoena Quash Motion
Why it Matters?
Filing in the compliance court rather than the issuing court is the procedural point most often missed, and a motion filed in the wrong district is denied without reaching the merits. The mandatory grounds are separately useful, since a subpoena requiring travel beyond the geographic limit must be quashed rather than being subject to a balancing analysis. Transfer to the issuing court is available with consent or in exceptional circumstances.
Frequently Confused with
Related terms
Frequently asked questions
Where is a motion to quash filed?
Which grounds are mandatory?
