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How to Move to Quash or Modify an Unduly Burdensome Federal Subpoena

March 21, 2024 Uncategorized

 

Overview of Federal Subpoenas

A federal subpoena is a written order requiring you to provide documents, testimony, or both in a federal legal proceeding. Subpoenas are used in both criminal and civil cases.There are a few key things to understand about federal subpoenas:

  • They are issued under the authority of the federal court
  • You are legally required to comply or face penalties like contempt of court
  • There are limited grounds to challenge them

So if you get hit with a subpoena that seems ridiculous or outrageously broad, don’t panic. You may be able to fight back by filing a motion to quash or modify with the court.

Deciding Whether to Challenge the Subpoena

The first step is evaluating whether there are solid legal grounds to challenge the subpoena.A few common reasons to challenge federal subpoenas include:

  • Unduly burdensome request – It would take unreasonable amounts of time/resources to comply
  • Privileged information – It asks for documents protected by attorney-client privilege
  • Improper service – You were not properly served under the federal rules
  • Lack of relevancy – The requests have little to do with the case
  • Privacy violations – It unnecessarily violates constitutional privacy rights

If one of those issues applies, you may have a decent shot at getting the subpoena quashed or modified.You also need to look at the type of subpoena:

  • Trial subpoenas – Easier to challenge since info not yet deemed “relevant”
  • Grand jury subpoenas – Harder to challenge since grand jury has broad investigative powers

In general, it’s smart to consult a federal subpoena defense lawyer before deciding your next steps. But if the subpoena seems clearly invalid or absurdly broad, filing a motion may be wise.

How to File Motion to Quash or Modify

There are two main motions you can file to fight a federal subpoena:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  1. Motion to Quash – Asks court to invalidate entire subpoena
  2. Motion to Modify – Asks court to limit scope of subpoena

Either motion must be filed promptly, before the subpoena compliance deadline.Here are the key steps in the motion filing process:

Research Case Law

  • Find prior similar cases in the same federal district
  • Focus on fact patterns and judge’s reasoning
  • Use to bolster legal arguments in your motion

Draft the Motion

  • Include procedural history and factual background
  • Explain precisely why subpoena is defective
  • Cite specific federal rules of procedure

Legal Arguments

  • Organize motion sections around distinct defects
  • Apply case law to show defects are basis to quash or modify
  • Emphasize undue burden standard if applicable

Proposed Modifications

  • For a motion to modify, give proposed limitations
  • Be reasonable but advocate for meaningful changes
  • Offer to negotiate subpoena scope with other party

File with Court

  • Follow all rules for formatting, bindings, copies
  • Include certificates of service and conference
  • File before subpoena response deadline

Timing Issues With Motion Filing

One tricky aspect is the very short time frame for filing motions against federal subpoenas.Here are some key timing considerations:

  • ASAP filing – Motions must be filed very quickly, often within 10-14 days
  • Stay request – Request a stay of subpoena pending motion resolution
  • Looming deadlines – If motion denied, be ready to fast-track compliance
  • Trial subpoenas – More time since served right before trial

Because federal subpoena motions have tight deadlines, getting an experienced lawyer on the case immediately is extremely helpful. They can efficiently handle the fast-paced drafting and filing requirements.

Opposing the Motion

After you file the motion, the other party has a chance to oppose it and explain why they believe the subpoena should stand.Here are some ways they may fight against quashing or modifying the subpoena:

  • Argue the requests are reasonably targeted and not unduly burdensome
  • Claim you did not properly meet and confer before filing motion
  • Assert the subpoena seeks critical evidence for the case
  • Dispute claims of privilege over requested documents
  • Question the timeliness of your motion

Having an attorney prepare a strong reply helps rebut these arguments and bolster your position.

Getting a Hearing Before the Judge

The judge may decide the motion just on the paper filings. But sometimes a hearing is scheduled.If you get a hearing, things to expect include:

  • Chance for oral arguments from both sides
  • Questioning from judge about subpoena defects
  • Discussion of proposed modifications
  • Judge decision at hearing or in later order

Hearings allow attorneys to emphasize key points and directly engage the judge. Skilled federal subpoena lawyers can be persuasive in this setting.

Getting the Right Outcome

Ultimately, the judge will decide whether to quash, modify, or uphold the federal subpoena.The best outcome depends on your goals:

  • Quashing – Best if subpoena is largely invalid
  • Modifying – Good to limit unduly broad requests
  • Partial win – Judge may quash some but not all requests

With an experienced subpoena attorney arguing the defects, you have a much better chance of success. But ultimately the decision rests with the judge.I know dealing with federal subpoenas feels scary and overwhelming. But just remember – you have options. Connecting with a lawyer who regularly handles these cases is a great place to start. They can evaluate your situation and fight back against subpoenas that are unduly burdensome or improper. It’s not an easy process, but taking action can get you some relief. Wishing you the very best with getting this resolved. You got this!

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