Challenging Federal Subpoenas Based on Scope, Relevance or Burden

Challenging Federal Subpoenas Based on Scope, Relevance or Burden

Getting served with a federal subpoena can be intimidating. Even if you’re not directly involved in a case, having to deal with legal documents and turn over information feels like you’re suddenly part of someone else’s messy lawsuit. But just because you get a subpoena doesn’t mean you have to blindly comply. There are situations where you can fight back if the subpoena seems inappropriate.

This article will cover some of the main ways you can challenge a federal subpoena if it seems too broad, irrelevant, or burdensome. We’ll look at the specific rules and legal precedents you can cite, as well as the procedures for objecting. With the right arguments and evidence, you may be able to get a subpoena quashed or modified so you don’t have to turn over as much information.

Objecting on Relevance Grounds

One of the most common objections to a subpoena is that the information requested isn’t relevant to the underlying case. According to Rule 26, the standard for relevance that applies to parties also applies to non-parties when it comes to subpoenas. So if you don’t see how the information the subpoena demands relates to the issues in the lawsuit, you can fight back on relevance grounds.

For example, say you get a subpoena requesting 5 years worth of emails in a case where the key events happened 6 months ago. That extensive email history probably includes lots of irrelevant information. Objecting on relevance grounds might convince the court to narrow the subpoena to just emails from the relevant time period.

Relevance objections can also apply if you’re asked to testify about issues that have little or no bearing on the core disputes in the case. You can refuse to comply with overbroad deposition questions or document requests by showing they go beyond the relevant facts.

Citing Undue Burden and Expense

Another basis for challenging a subpoena is if responding would impose undue burden and expense on you. The court has discretion to modify or quash a subpoena if the burden of complying is unreasonable.

What counts as undue burden? Having to spend many hours searching records, restoring backup tapes, and reviewing thousands of documents to find a few responsive items. Or extensive technical efforts to retrieve data from old systems. Traveling long distances to testify. Diverting employees from important duties. All of these could be considered undue burden.

Make sure to document the time, costs, and operational impact required to fully comply, and submit this evidence to the court. Quantifying the burden with dollar amounts, hours, staff resources, etc. makes a stronger case.

You may also cite attorney-client privilege and confidentiality concerns as part of your undue burden argument. For example, if you’d have to reveal trade secrets or private customer information to comply.

Seeking Protection from Significant Expense

In addition to general undue burden, you can specifically argue the subpoena would impose significant expense on you as a non-party. Under Rule 45, the court can protect non-parties from having to shoulder substantial costs to comply with subpoenas.

Make sure to document all the out-of-pocket costs you would incur, like fees paid to outside vendors and lawyers. Estimate the dollar value of internal resources like employee time. Explain how complying would impact your finances or operations. The more evidence you can provide, the better.

If the court agrees the subpoena imposes significant expense, it may require the party who issued it to cover your costs. This can make compliance less burdensome.

Arguing the Subpoena Is Overbroad

Scope and relevance go hand-in-hand when challenging subpoenas. You can argue the subpoena demands an unreasonably broad range of documents or testimony that goes beyond the needs of the case.

For example, a subpoena seeking “any and all documents relating to X” is incredibly broad. “Any and all” sounds like they’re just fishing for anything potentially relevant instead of identifying specific information needed. Phrases like “relating to” are also broad – almost anything could relate in some way.

Point out to the court how complying with an overbroad subpoena would force you to expend significant time and effort on irrelevant matters. Ask the court to narrow the scope to just the core documents or testimony needed.

Procedural Steps to Challenge a Subpoena

Now let’s talk about the process for challenging a subpoena. Here are some key steps:

• Act quickly – You only have 14 days after being served to object.
• Send written objections explaining the issues (like undue burden) to the party who issued the subpoena.
• Negotiate in good faith to resolve objections.
• File a motion to quash or modify the subpoena if you can’t reach an agreement.
• The motion gets decided at a hearing where you present evidence backing up your objections.
• If the judge grants your motion, the subpoena will be quashed or modified per the court’s order.

Having an attorney draft persuasive objections and argue your motion will improve your chances. Gathering solid evidence to show undue burden is also key. Successful challenges often come down to having good documentation and legal arguments.

When Subpoena Objections Fail

Despite your best efforts, the court may reject your objections and order you to comply. At that point, you face a choice:

• Comply – You may have to turn over some or all of the requested information, perhaps subject to a protective order.
• Appeal – You could file an appeal of the order and request the appeals court overturn it.
• Refuse – Refusing to comply risks being held in contempt of court, with fines or jail time possible.

Before appealing or refusing, get legal advice to understand the risks. Often the safest bet is finding the least burdensome way to comply.

Subpoena Defense Tips

Here are a few final tips if you’re hit with a federal subpoena:

• Act fast – Delay hurts your ability to fight back.
• Negotiate in good faith – Narrowing the scope amicably is ideal.
• Quantify the burden – Vague objections carry less weight.
• Focus arguments – Stick to the most compelling issues.
• Get legal help – Lawyers know how to craft winning challenges.

While subpoenas seem scary, you have protections. With the right legal strategy, you can often minimize the disruption and cost of compliance. Don’t let yourself be intimidated into handing over more than the rules require.