Third-Party Motions to Quash Federal Subpoenas

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Last Updated on: 2nd October 2023, 05:52 pm

Third-Party Motions to Quash Federal Subpoenas

Getting dragged into a lawsuit you’re not involved in is no fun. But it happens all the time – someone needs info from you for their case, so they send you a subpoena. Now you gotta deal with it. Not cool. But don’t worry, you’ve got options. Let’s break down what third-party subpoenas are, how to challenge them, and some key things to think about.

What is a Third-Party Subpoena?

A subpoena is a request for documents, testimony, or both. They get used in lawsuits to gather evidence from witnesses and other sources. Third-party subpoenas target someone who isn’t part of the case – like you. The parties want your documents or testimony to help prove their claims.

In federal court, subpoenas get issued under Federal Rule of Civil Procedure 45. This rule lays out how subpoenas work, including the options for challenging them. More on that soon.

Why Would I Get a Third-Party Subpoena?

You may get subpoenaed if you have information relevant to someone’s lawsuit. Some common examples:

• Your company has documents the parties want
• You witnessed an event involved in the dispute
• You’re an expert in an area that’s key to the case

Basically, if they think you’ve got evidence that can help their case, you could get a subpoena.

What Are My Options for Responding?

When you get a subpoena, you’ve got a few options on how to respond:

1. Comply – Provide the requested documents and/or testimony
2. Object – Explain in writing why you shouldn’t have to comply
3. Negotiate – Try to narrow the scope of the requests
4. File a motion to quash – Ask the court to cancel or modify the subpoena

Let’s unpack each of these a bit more.

Complying with the Subpoena

If the subpoena seems reasonable, you may opt to just comply with it. This is the simplest route. Be aware of the deadlines – you usually only have 14 days to produce documents after being served. For testimony, make sure to show up at the specified time and place.

Objecting to the Subpoena

If you don’t want to comply outright, you can serve written objections on the party who issued the subpoena. You’ll want to object to each request separately and explain the grounds for each objection. Common reasons include:

• The subpoena seeks irrelevant information
• It’s overbroad, vague, or ambiguous
• Compliance would reveal confidential/privileged information
• It imposes an undue burden or expense

Check out this article for more on crafting objections.

Negotiating the Subpoena

Rather than objecting outright, you may contact the issuing party and try to work something out. For example, you could ask to narrow the scope of document requests or provide testimony by phone. Reasonable compromises can save everyone time and expense.

Filing a Motion to Quash

If you can’t reach an agreement, you can ask the court to quash (cancel) or modify the subpoena. This involves filing a motion explaining your position to the court. Grounds for quashing include:

• The subpoena requires disclosure of privileged/protected information
• It subjects you to undue burden
• The information sought is irrelevant
• Requests are overly broad or vague

The court may agree to quash entirely or narrow the scope. See this overview of moving to quash.

When Do I Need to Respond?

The deadlines for taking action are important, so pay attention to the dates specified in the subpoena. Some key timeframes:

• You usually have 14 days to produce documents after being served
• 14 days to object in writing to the party who issued it
• 21 days to file a motion to quash with the court

Don’t miss these deadlines or you may lose your ability to fight the subpoena.

Where Should Motions Be Filed?

Any motions to compel or motions to quash must be filed in the court that issued the subpoena. This will be the federal district court with jurisdiction over the place where compliance is required.

For example, if you get a subpoena requiring you to produce documents in the Northern District of California, you’d file your motion to quash in the U.S. District Court for the Northern District of California.

Can I Recover the Costs of Complying?

If the subpoena imposes significant expense, you may ask the court to make the requesting party cover your costs. Under Rule 45, the court must protect non-parties from incurring “significant expense” related to compliance.

Some things you can get reimbursed for:

• Collection and production costs
• Reasonable attorney’s fees
• Travel expenses related to testifying

Be sure to keep detailed records of time and money spent complying so you can submit that to the court.

Can an Attorney Represent Me?

Yes! Having a lawyer assist you with responding to a subpoena is always advisable. An attorney can:

• Advise you on the best response options
• Negotiate with the issuing party
• File motions on your behalf
• Represent you in any related hearings

An experienced lawyer knows the ins and outs of subpoena procedures and can help protect your rights. Their expertise can be invaluable.

The Takeaway on Third-Party Subpoenas

Getting dragged into someone else’s lawsuit is a pain, but you’ve got ways to deal with it. Take a breath, read the subpoena closely, and consider your options. Objections and motions to quash are common responses. Having a lawyer in your corner can make the process much smoother. Know your rights and deadlines, and you can get through it!