Motions to Have Federal Subpoenas Issued in Your Jurisdiction

Motions to Have Federal Subpoenas Issued in Your Jurisdiction

Receiving a subpoena can be a stressful and confusing experience, especially if you don’t fully understand the legal process. This article provides an overview of federal subpoenas and how to file a motion to have one issued in your jurisdiction.

What is a Subpoena?

A subpoena is a court order that compels someone to produce documents, testify at a deposition or hearing, or provide tangible items that are relevant to a court case [1]. There are two main types of subpoenas:

• A subpoena ad testificandum orders someone to testify at a trial, hearing, or deposition.
• A subpoena duces tecum orders someone to produce documents or other tangible evidence.

Subpoenas are powerful investigative tools used by parties in civil and criminal cases to obtain evidence from third parties. They are issued directly by the court overseeing the legal proceeding and are legally binding orders. Failure to comply can result in civil or criminal contempt sanctions.

How Federal Subpoenas Work

In federal court, subpoenas are governed by Rule 45 of the Federal Rules of Civil Procedure for civil cases [1] and Rule 17 of the Federal Rules of Criminal Procedure for criminal cases [2]. Here are some key things to know:

• The court where the legal proceeding is pending issues the subpoena. This remains true even if the subpoena’s recipient doesn’t live or work in that court’s jurisdiction.
• The subpoena must include the court’s name and seal, case title, civil action or docket number, and instructions for compliance.
• In civil cases, the subpoena can be served anywhere in the United States. In criminal cases, it can only be served within the district or 100 miles from the place of trial.
• The subpoena must be personally served on the recipient; simply mailing it is insufficient.
• Parties can ask the court to issue a subpoena ordering compliance in another jurisdiction, even if the subpoena recipient doesn’t reside there.

As you can see, federal subpoenas have broad reach. However, there are limits on where and how compliance can be required, as discussed next.

Where Compliance Can Be Compelled

While federal subpoenas apply nationally, geographical restrictions exist on where compliance can be compelled under Rule 45 [1]:

• For production of documents or tangible items, the subpoena can require compliance within 100 miles of where the recipient lives, works, or regularly conducts business.
• For testimony at a deposition, hearing, or trial, compliance can be required in the issuing court’s district; within 100 miles of where the recipient lives, works, or regularly conducts business; or, under exceptional circumstances, within the state where the recipient is served.

However, the court can modify or quash a subpoena that imposes undue burden or expense on the recipient. Geographic limits help prevent extreme travel requirements for compliance.

How to File a Motion for a Federal Subpoena

If you need a federal subpoena issued in a case pending in another jurisdiction, here are the steps to file a motion with the court:

1. Draft the subpoena. Include all required information from Rule 45 [1] or Rule 17 [2].
2. File a motion in the court where your case is pending, requesting issuance of the subpoena. Explain why it is necessary and relevant to your case.
3. Confer with opposing counsel. Courts require the parties to discuss subpoena requests in good faith before seeking court intervention.
4. Serve your motion on opposing counsel per court rules. Include a supporting legal memorandum and proposed subpoena order.
5. Wait for the court’s ruling. If approved, the clerk will issue the subpoena bearing the court’s seal.
6. Arrange for personal service of the subpoena on the recipient.

This procedure ensures the subpoena is properly vetted and authorized by the court before service. It prevents parties from abusing subpoenas to harass or unduly burden third parties.

Grounds to Oppose a Federal Subpoena Request

If you are served with a motion for a federal subpoena, you can file an opposition brief arguing against its issuance. Common grounds include:

• The subpoena seeks privileged, confidential, or proprietary information.
• Compliance would be unduly burdensome or expensive.
• The requested information is irrelevant to the underlying case.
• The subpoena imposes extreme geographic requirements for compliance.
• Production of documents or testimony would violate a confidentiality agreement or protective order.
• The subpoena improperly requests expert testimony from a non-testifying expert.

The court will weigh these factors against the subpoenaing party’s need for the information. It may quash or modify the subpoena if the objections have merit.

Responding to a Motion to Quash or Modify a Subpoena

If you are the party that obtained the subpoena, and the recipient files a motion to quash or modify it, you will have a chance to file a response brief. Here are some tips for opposing the motion:

• Emphasize your need for the requested discovery and inability to obtain it elsewhere. Show how it is directly relevant to the claims or defenses in your case.
• Argue against claims of undue burden or expense. For example, offer to cover reasonable compliance costs.
• Refute allegations of privilege or confidentiality if the information is critical.
• Propose modifications to the subpoena to address legitimate objections while still obtaining necessary discovery.
• Provide legal support showing the subpoena complies with Rule 45[1] and applicable case law.

If you can demonstrate a valid need that outweighs the recipient’s objections, the court may only impose reasonable restrictions rather than quashing the subpoena entirely.

Appealing a Motion to Quash Ruling

If the court grants a motion to quash or modify a subpoena you obtained, you may be able to file an appeal. The ability to appeal depends on the court’s reasoning:

• If the subpoena is quashed for technical defects or procedural violations, an appeal may not be available.
• However, if your subpoena is quashed based on the merits, such as undue burden or lack of relevance, you can likely appeal the ruling.

You would file the appeal in the appropriate federal circuit court of appeals. The deadline is typically 30 days after entry of the order quashing the subpoena[2]. On appeal, the court will review the lower court’s decision for abuse of discretion or errors of law.

Enforcing a Federal Subpoena

If a subpoena recipient refuses to comply after losing a motion to quash, you can file a motion for contempt sanctions. The court has broad authority to enforce compliance, including:

• Monetary fines, paid to the court, that accumulate daily until compliance is achieved.
• Imprisonment of the subpoenaed party until they comply.
• Entry of default judgment against a party who fails to comply.
• Excluding testimony or evidence related to the subpoena at trial.

Contempt findings and sanctions require willful, bad faith defiance of a court order. But courts take subpoena compliance seriously, so unexcused failures to comply can warrant substantial penalties[3][4][5].

In summary, federal subpoena requests require meticulous procedures and allow for robust opposition. Understanding the detailed processes can help ensure your subpoena rights are protected.

References

[1] Federal Rules of Civil Procedure Rule 45

[2] Federal Rules of Appellate Procedure Rule 4

[3] 18 U.S. Code § 401 – Power of court

[4] Federal Rules of Civil Procedure Rule 37

[5] Federal Rules of Criminal Procedure Rule 17