Quick Answer: What Is A Motion To Quash A Subpoena?

How long do you have to file a motion to quash?

A motion to quash should be filed prior to the date and time for compliance with the subpoena, and in no event, more than 14 days after service..

How do you file a motion to quash?

A motion to quash can be filed by either party. It is usually requested as a pretrial motion when the decision from a lower court ruling has a direct effect on the case at hand. Motions to quash can only be filed when: The court has made a mistake in their ruling.

Who can quash a subpoena?

Additionally, Rule 45(d)(2)(B)(ii) requires an order on a motion to compel or for protective order to “protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.” Rule 45(d)(3)(A)(iii) provides that the court may quash or modify a subpoena if it “subjects a person …

What does it mean to file a motion to quash?

QUICK EXIT. DONATE. A motion is a request for a judge to do something. Quash means to say that something is invalid. A Motion to Quash can be filed by either party in a case.

Can a party move to quash a subpoena?

A party has standing to file a motion to quash when the person is the witness and when the person/company is “affected” by the subpoena – most often when the subpoena calls for disclosing a trade secret or other confidential research, development, or commercial information. FRCP 45(d)(3)(B)(i).

Can mental health get you out of a subpoena?

A subpoena is a direct order from the court or from an attorney to a case for you to appear. … Having a mental illness does not exempt you from responding to a subpoena. One’s mental condition and capacity may have an effect on the usefulness of someone’s testimony, but that is a question for another time and place.