Discovery
Subpoenas and Non-Party Discovery
Under Rule 45(d)(2)(B), a non-party served with a document subpoena may serve written objections within fourteen days or before the compliance date. Objection suspends the production obligation until the serving party obtains an order.
It is simpler than moving to quash.
Alternative Names:
Subpoena Objection, Written Objection to Subpoena
Why it Matters?
Serving objections shifts the burden to the requesting party to move for compliance, which is a substantially cheaper posture for a non-party than filing a motion. The fourteen-day window is short and runs from service rather than the compliance date in most circumstances, so a non-party that waits until the return date has lost the mechanism. Counsel advising non-party clients should calendar it immediately.
Frequently Confused with
Related terms
Frequently asked questions
What does serving objections accomplish?
How long is the window?
