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What Constitutes Undue Burden When Fighting Federal Subpoenas?
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What Constitutes Undue Burden When Fighting Federal Subpoenas?
Dealing with a federal subpoena can be really stressful and confusing. I totally get it – having the government demand information from you seems scary. You’re probably wondering what your rights and responsibilities are, and what constitutes an “undue burden” when it comes to complying. I wanted to walk through some of the key things to understand.
What is an Undue Burden?
Legally speaking, an “undue burden” is when the hardship to someone to comply with a subpoena outweighs the need for the information being requested. So if complying would be unreasonably expensive, time-consuming, or difficult, the court may determine that the subpoena imposes an undue burden.Some factors looked at include:
- The scope of the request – How much information is being asked for? The broader the request, the more likely it’s an undue burden.
- The time frame – What time period does it cover? Requests spanning decades may be unreasonable.
- The accessibility of records – How difficult is it to actually get the information? Are records stored off-site making retrieval expensive?
- The cost – Will compliance incur significant costs like database restoration, data analysis, or document review? What is the financial situation of the party being asked?
So those are some of the general factors courts weigh. But what constitutes undue burden depends a lot on the specific circumstances of each case.
Fighting Back Against Overly Broad Subpoenas
If you get a federal subpoena for information that seems unreasonably broad or difficult to comply with, there are options to fight back. Here are some key strategies:
File a Motion to Quash
One approach is to file a “motion to quash” which asks the court to cancel or void the subpoena. Grounds can include things like:
- The subpoena requires disclosure of privileged information
- It imposes an undue burden
- The scope is overbroad and seeks irrelevant information
To support the motion, you’ll want to clearly explain the difficulties compliance would impose and why the request is unreasonable. Evidence like compliance cost estimates can help.
Seek a Protective Order
Another option is asking the court for a protective order. This puts limits on what the subpoena can demand. So rather than quashing it entirely, the court modifies it to remove unduly burdensome parts. Things like narrowing the scope, modifying the time period covered, or limiting the format can be requested.
Negotiate with the Other Party
Before filing motions, it’s also worth trying to negotiate directly with the party who issued the subpoena. Explain the issues and burdens, and see if they’ll willingly limit or modify some demands. Going through the courts should really be a last resort.
Assessing Undue Burden Depends on Specific Circumstances
Unfortunately there’s no “one size fits all” formula to determine undue burden. It really comes down to the unique situation and scope of what’s being requested. But in general, if compliance would incur significant time, cost, or difficulty that outweighs the need for the information, arguing undue burden may get you some relief.The complexity of data requests has grown exponentially in recent years. As advances in technology have facilitated the collection and storage of vast caches of digital information, legal requirements have struggled to keep pace. When faced with overbroad or burdensome subpoenas, don’t hesitate to push back – you have rights too!I know dealing with this stuff seems really intimidating and stressful. But there are options, so don’t panic! Reach out if you need any more legal help fighting an unreasonable subpoena.
Resources
Here are some additional resources if you want to learn more around federal subpoenas and undue burden:
- This video overview from a legal site
- In-depth article on undue burden case law
- Analysis piece on problems with overbroad subpoenas