Third-Party Motions to Quash Federal Subpoenas

Third-Party Motions to Quash Federal Subpoenas

Getting served with a subpoena can be intimidating. Especially if you’re not involved in the lawsuit itself. This article will explain what options you have if you get a federal subpoena as a third party. We’ll go over the rules and procedures in a simple way. Our goal is to help you understand your rights and make the best decisions.

What is a Subpoena?

A subpoena is a legal document that orders someone to produce documents, testify at a deposition, or appear in court. The subpoena is issued by the court where the lawsuit is pending. But it can be served anywhere in the U.S.

There are a few types of subpoenas:

• Subpoena to testify at a trial or hearing
• Subpoena to be deposed (questioned under oath outside of court)
• Subpoena to produce documents or physical evidence

This article focuses on subpoenas for documents issued to third parties. But similar rules apply for other types of subpoenas.

What Makes You a Third Party?

You’re considered a third party if you’re not one of the people or companies involved in the lawsuit. For example, if Company A sues Company B, they might subpoena documents from Company C. Company C is a third party to that lawsuit.

Third parties often get subpoenaed when they have information relevant to the case. Like financial records, emails, or other documents. The parties to the lawsuit use subpoenas to gather evidence from third parties.

Your Options for Responding to a Federal Subpoena

When you get a subpoena as a third party, you have three main options:

1. Comply with the subpoena and produce the requested documents
2. Object to the subpoena
3. File a motion to quash the subpoena

Let’s go over each of these options in more detail.

1. Comply with the Subpoena

The simplest option is to comply with the subpoena. That means reviewing the documents requested. And providing any relevant, non-privileged documents by the deadline.

But complying can be a lot of work. The subpoena might ask for a huge number of documents. Or confidential information. Before producing anything, be sure to review the requests closely. Make sure you understand what is being asked for.

2. Object to the Subpoena

If you have issues with the subpoena, you can object in writing. Send your written objections to the party who issued the subpoena. You must object separately to each request in the subpoena. Explain why you object to producing that particular document or category of documents.

Some common reasons to object include:

• The subpoena requests confidential or proprietary business information
• Complying would be unduly burdensome and expensive
• The requests are vague, ambiguous, or confusing
• The requests seek irrelevant information

The party who issued the subpoena might agree to modify it after getting your objections. For example, narrowing the document requests. Or agreeing not to disclose confidential information. If you reach an agreement, get it in writing.

If the party won’t agree to reasonable changes, your next step is to file a motion to quash.

3. File a Motion to Quash

This asks the court to cancel or modify the subpoena. You can file a motion to quash based on the same objections raised in writing. Such as undue burden, scope, confidentiality, or lack of relevance.

The motion must be filed in the court where compliance is required. For example, if the subpoena says to produce documents to a lawyer’s office in Dallas, you would file in the federal court district that covers Dallas.

The rules and procedures for filing a motion to quash vary by court. So research the specific requirements where you need to file. Generally, you’ll need to:

• Draft the motion
• File it with the court
• Serve it on the party who issued the subpoena

The court will then hold a hearing to decide on your motion. If the motion is granted, the subpoena will be quashed or modified per the court’s order.

What Happens If You Don’t Respond?

Ignoring a subpoena is never a good idea. The party who issued it can file a motion asking the court to force you to comply. If you get such a motion, the court may order you to produce the documents. And pay the other party’s attorney fees for having to file the motion.

In extreme cases, ignoring a subpoena can even lead to being held in contempt of court. That can result in fines or jail time.

Even if you plan to file a motion to quash, you must respond by the deadline. Let the other party know you received the subpoena and plan to file objections or a motion to quash.

Subpoena Timeframes and Deadlines

The subpoena will state when the documents must be produced. Typically you get at least 14 days. The clock starts when you are served with the subpoena.

If the deadline does not give you enough time, ask the other party for an extension. Get any agreed extension in writing.

If you plan to file a motion to quash, do so before the production deadline. That will stop the clock until the court rules.

What About Privileged Documents?

Some types of documents are protected by legal privilege. Common examples include:

• Attorney-client communications
• Documents prepared in anticipation of litigation
• Trade secrets
• Confidential business information

Privileged docs should not be produced in response to a subpoena. Be sure to review for privilege and object to any requests that encompass protected information.

Can You Recover Costs?

If complying with the subpoena is expensive, you may wonder – can I get reimbursed?

Unfortunately, probably not. In most cases, third parties bear their own costs of complying. But you can include the burden and expense as reasons for objecting or moving to quash.

If you do end up having to produce a large number of documents, talk to the attorney about reimbursement. There’s no guarantee. But if the expense is excessive, they may agree to pay reasonable costs.

In Summary

Here are some key takeaways about third-party subpoenas:

• You can comply, object, or file a motion to quash
• Reasons to object include undue burden, scope, privilege, and relevance
• Motions to quash must meet court deadlines and requirements
• Always respond by the production deadline, even if objecting
• Watch out for timeframes – don’t let deadlines lapse
• Review requests closely and protect privileged information

And if you have any other questions, it never hurts to consult an attorney. Getting informed legal advice can save you time and hassle. It helps ensure you understand your rights and protect sensitive information.