Fighting Back Against Overly Broad Federal Subpoenas

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Last Updated on: 2nd October 2023, 05:51 pm

Fighting Back Against Overly Broad Federal Subpoenas

Getting served with a federal subpoena can be intimidating. The federal rules allow parties to subpoena documents and testimony from non-parties, and the requests can sometimes be overly broad. However, just because you get served with a subpoena does not mean you have to comply with outrageous requests. There are ways to fight back.

What is a Subpoena?

A subpoena is a request for documents or testimony in connection with a court case or investigation. The request is not voluntary – there can be legal consequences like contempt if you do not comply. Subpoenas are governed by Rule 45 of the Federal Rules of Civil Procedure in civil cases and by Rule 17 in criminal cases.

Subpoenas can require you to:

• Produce documents
• Answer interrogatories in writing
• Give oral testimony at a deposition
• Testify at a trial or hearing

Subpoenas are issued by the court overseeing the litigation at the request of a party. For example, if you are involved in a lawsuit, you could subpoena records from the opposing party’s bank. You could also subpoena records from a non-party, like a witness’s employer.

Overly Broad Subpoenas

Sometimes the party issuing the subpoena makes requests that are overly broad. They ask for a huge number of documents or for records covering a very long time period, hoping to find something helpful to their case. Here are some examples of overly broad subpoena requests:

• “Produce all emails with John Doe from January 1, 2010 to present.” (too long of a time period)
• “Produce all documents related to Project X.” (too vague – no limits on scope)
• “Produce all financial records from January 1, 2015 to present.” (too many documents/topics requested)

Overly broad subpoenas can be burdensome for the recipient. Just gathering that many documents takes a lot of time and effort. Reviewing all the documents to remove private or privileged information adds even more work.

Objections to Overly Broad Subpoenas

If you are on the receiving end of an overly broad subpoena, all hope is not lost. You have ways to fight back. The first step is to send written objections to the party who issued the subpoena. You can also file a motion to quash or modify the subpoena with the court.

Written Objections

Your written objections should explain specifically which requests you object to and why. Some common objections include:

• The time period covered is unreasonable
• The scope of the requests is too broad
• Compliance would be unduly burdensome and expensive
• The requests seek private, confidential, or privileged information

The objections should be sent to the issuing party before the production date specified in the subpoena. This puts them on notice that you do not intend to fully comply. It also starts the meet and confer process. The issuing party may be willing to narrow the scope of their requests to resolve some of your objections.

File a Motion to Quash or Modify

If meet and confer efforts are unsuccessful, your next step is to file a motion to quash or modify the subpoena with the court. This asks the judge to declare the subpoena invalid or change it to be more reasonable. You can file the motion in the court that issued the subpoena. Your motion should:

• Identify the subpoena at issue
• State your specific objections
• Explain why compliance would be unreasonable or oppressive
• Ask the court to quash or modify the subpoena

The judge may decide to quash the subpoena altogether if it is clearly overbroad. More likely, the judge will try to narrow the scope to make it more reasonable. For example, the judge might limit the time period covered or the types of documents requested.

Rule 45 – Subpoena Standards

Rule 45 of the Federal Rules of Civil Procedure imposes certain obligations on parties issuing subpoenas to avoid undue burden:[1]

• Must avoid imposing undue burden or expense
• Must allow reasonable time to comply
• Must protect non-party from significant expense

You can use Rule 45 to argue that a subpoena fails to meet these standards. The court can refuse to enforce subpoenas that violate Rule 45.

Relevance Objections

Another basis for objecting to a subpoena is relevance. The scope of discovery under Rule 26 is limited to information relevant to the claims or defenses in the lawsuit. [2] You can argue that some of the requests in the subpoena seek information that is not relevant to the underlying case.

For example, in an employment discrimination case, the plaintiff’s medical records from childhood would likely be irrelevant. Or in a breach of contract case, the defendant’s tax returns from five years ago may be irrelevant.

If you can show the requested information has no bearing on the claims in the lawsuit, the judge may quash the subpoena or modify it to remove irrelevant requests.

Privacy Objections

Subpoenas asking for your private information can feel like an invasion of privacy. Fortunately, you can fight back against requests for private documents like:

• Medical records
• Financial statements
• Email and social media communications
• Personnel files

The court will balance the need for the private information against the privacy interest at stake. If the party issuing the subpoena cannot show a compelling need for the documents, the court may quash or modify the subpoena.

Privilege Objections

Some documents are protected by privilege, like attorney-client privilege or doctor-patient privilege. You can object to subpoena requests that encompass privileged information. The court will review the documents and determine whether privilege applies before ordering them to be turned over.

Confidentiality Objections

Subpoenas often request business records and other documents containing confidential commercial information, like trade secrets. You can ask the court to protect confidential documents from public disclosure. Options include:

• Filing documents under seal
• Requiring redaction of confidential content
• Issuing a protective order

Time Period for Objections

To preserve your rights, you must object to a subpoena promptly, before the production date. Rule 45 requires written objections to be served before the earlier of:

• The time specified for compliance, or
• 14 days after the subpoena is served

Act quickly to file objections so you do not waive your rights. You want to avoid any argument that you implicitly agreed to the subpoena by failing to object on time.

Who Can Object

The person or company actually served with the subpoena has standing to file objections and motions to quash. In addition, other interested parties may be able to object or intervene to protect their rights. For example:

• The client can object to a subpoena served on their attorney seeking documents protected by attorney-client privilege.
• The owner of confidential documents can file objections if a subpoena seeks its confidential business records from another source.
• The opposing party named in the lawsuit can object to an overly broad subpoena served on a non-party.

Consult an Attorney

If you receive a federal subpoena requesting an unreasonable volume of documents or intrusive personal information, do not ignore it. Get advice from a lawyer right away about your options to object and fight back. An attorney can help craft persuasive written objections and motions to quash. If negotiations fail to resolve the issue, an attorney can represent you in court hearings on any motions.

Standing up to unreasonable subpoenas takes time and legal expertise. An attorney can advocate for your rights, negotiate with the other party, and spare you from having to deal with it pro se. Though it takes some effort, protecting your privacy and interests is worth fighting for.

Conclusion

Federal subpoenas are powerful tools, but they are not without limits. Recipients have legal options to push back against subpoenas that are overly broad, irrelevant, or invasive of privacy. With prompt written objections and motions to quash, you can ask the court to modify unreasonable subpoenas so they do not impose an undue burden. While recipients may feel intimidated by subpoenas, understanding your rights helps you stand up to overreaching demands.