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Motions to Quash: Challenging Federal Subpoenas in Court
|Last Updated on: 2nd October 2023, 05:51 pm
Challenging Subpoenas in Court: How to File a Motion to Quash
Getting a subpoena in the mail can be pretty intimidating. I should know – I’m an attorney who has helped folks deal with these legal orders for years. But take a deep breath, because you’ve got options here. Filing a motion to quash could get you out of complying with the subpoena. Let me walk you through how these things work and what you can do.
What Exactly is a Subpoena Anyway?
A subpoena is basically a court order for you to testify, turn over documents, or both. They get issued to help gather evidence for lawsuits and legal proceedings.The two main types you’ll see are:
- Trial subpoenas – These force you to testify at a trial. Not fun, I know.
- Subpoenas duces tecum – These make you turn over physical evidence like documents.
If you’re just some random person not involved in the case, being subpoenaed can feel seriously invasive. But unless you get it thrown out, you gotta comply.
Using a Motion to Quash to Fight Back
Filing a motion to quash is how you formally ask the court to cancel or modify the subpoena. If the judge grants it, you could be off the hook for all or part of what the subpoena orders.You’ve got solid grounds to quash the subpoena if it:
- Makes you testify or hand over docs outside the geographic area the court rules allow
- Doesn’t give you enough time to comply
- Asks for privileged info like doctor-patient or attorney-client communications
- Just plain subjects you to an unreasonable burden
For example, if you only got two days to dig up five years worth of emails, that’s almost always going to be shot down as an undue burden. Get yourself a good lawyer and file that motion!
Timing is Everything
To pull this off, you’ve got to file the motion to quash before the deadline to comply with the subpoena. Miss that and you could be out of luck.
- For document subpoenas, you have 14 days after being served to file.
- For testifying at a trial, do it ASAP so the judge can decide before you’re supposed to show up.
Where and How to File the Motion
You’ve got to file in the same court that issued the subpoena in the first place. It doesn’t have to be located near you – just wherever it came from.The motion should lay out all the facts why the subpoena is unlawful or unreasonable. Get into the procedural rules, specifics of your situation, and how it burdens you. Include exhibits like a copy of the subpoena too. Affidavits from others backing you up can help.
What Happens Next – Fingers Crossed!
After you file, the other side will get to oppose the motion if they want. Maybe they’ll argue there are good reasons you should still have to comply.The judge looks at both sides and makes the final call. If you win, the subpoena gets quashed or modified so you’re off the hook. But if you lose, you’ll probably have to testify, turn over the documents, or both.If you defy the subpoena after losing, you could face contempt of court charges, so don’t go there.
Getting Some Legal Help
Trying to get out of a subpoena alone can be super tricky. I’d recommend hiring a lawyer to maximize your chances. An experienced attorney can help put together persuasive arguments and navigate the court system.With the right legal help, you stand a fighting chance of getting the subpoena thrown out or at least modified to be less of a burden. Don’t let yourself get pushed around – fight back with a motion to quash!Hope this info helps you understand how to challenge a federal subpoena. Feel free to reach out if you have any other questions! I’m always happy to help regular folks stand up to overreaching legal orders. You’ve got this!