Criminal Defense Lawyers

Motions to Quash: Federal Court Procedures for Challenging Subpoenas

Motions to Quash: Federal Court Procedures for Challenging Subpoenas

Dealing with a subpoena can feel really overwhelming and confusing. I totally get it – figuring out your legal options is no fun. Just know there are options to fight back if a subpoena seems improper or overly burdensome. I wanted to give a quick rundown on motions to quash in federal court, in case you or someone you know needs some legal support.

What is a Motion to Quash?

A motion to quash is a formal request asking a federal court to withdraw or cancel a subpoena. Subpoenas are demands for someone to testify, produce documents, or provide tangible things. Motions to quash challenge subpoenas when they seem improper or overly burdensome.There are rules about what subpoenas can and can’t require. There are also limits on getting subpoenas for certain kinds of information. If a subpoena goes too far or demands more than is reasonable, you can fight back with a motion to quash.

When Can You File a Motion to Quash a Federal Subpoena?

There are a few common reasons to file a motion to quash a federal subpoena:

• Undue Burden: The subpoena demands too much or compliance would be unreasonably expensive, time-consuming or difficult.
• Privileged Information: The subpoena asks you to reveal privileged medical, financial or legal information.
• Improper Service: You were not properly served with the subpoena according to federal rules.
• Outside Geographic Scope: The subpoena requires you to comply beyond the geographic limits set by federal rules.
• Unreasonable Time Frame: You are not given enough time to reasonably gather everything demanded.

If a subpoena suffers from any of these defects, you can file a motion to quash. The court may modify or completely quash an improper subpoena.

What Are the Steps to File a Motion to Quash in Federal Court?

Filing a motion to quash takes time, legal knowledge and good arguments. Working with an attorney is highly recommended. But in general, you would take the following basic steps:

1. Receive and Review the Subpoena

Carefully review the subpoena to understand what is being asked of you. Note any demands that seem unreasonable, overly burdensome or improper. These will become the basis for your motion to quash.Also check if the subpoena was properly served according to Rule 45 of the Federal Rules of Civil Procedure .

2. Draft Your Motion

The motion itself should:

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

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

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

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

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

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

2024-03-12

Very professional, very transparent, over all a great experience

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

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.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

• Identify the parties and the case number of the litigation connected to the subpoena.
• State all the grounds for quashing or modifying the subpoena with supporting facts and law.
• Request that the court issue an order quashing or modifying the subpoena.

3. File Supporting Memorandum

In a separate memorandum, flesh out the legal arguments supporting your motion, citing case law and the federal rules.

4. Send Copies to All Parties

Provide copies of your motion and memorandum to the attorney who issued the subpoena and all other parties.

5. Wait for Potential Objections

The issuing attorney has 14 days to file an opposition explaining why your motion should be denied. Be prepared to file a reply countering any opposition.

6. Request a Hearing

Ask the court clerk to schedule a hearing so you can make arguments supporting your motion. The judge may simply rule on the briefs instead.

7. Attend Hearing and Await Ruling

If a hearing is held, summarize why the subpoena is improper and should be quashed or modified. The judge will later issue an order either granting or denying your motion.

What Happens If Your Motion to Quash Is Granted or Denied?

If granted, the subpoena would be withdrawn or modified according to the judge’s order. You may not have to provide anything demanded or you may face a less burdensome subpoena.If your motion is denied, you will likely have to comply with the original subpoena as issued. Failure to comply could potentially lead to contempt charges. But an attorney may be able to negotiate modifications or appeal a denial.

Finding Legal Help with Motions to Quash

Challenging a federal subpoena is complex. Having an experienced civil litigation or appeals attorney guide you through the process is extremely valuable. They can handle drafting motions, making persuasive legal arguments, and negotiating modifications if needed.I hope this general overview gives some direction if you’re faced with an improper subpoena. Just remember – you have options to fight back and don’t have to comply with unreasonable demands. With some legal help, you may be able to get an unfair subpoena withdrawn or modified. Best of luck dealing with this stressful situation!

Resources

Articles with More Information:

• What is a Motion to Quash Subpoena?
• Successfully Opposing or Quashing a Federal Grand Jury Subpoena

Sample Motions to Quash:

• Sample Motion to Quash Subpoena (United States District Court)
• Sample Memorandum Supporting Motion to Quash (California)

Videos Discussing Motions to Quash:

• Challenging a Subpoena: Motions to Quash – YouTube
• Motions to Quash a Subpoena Explained – YouTube

No related posts.