There is no prohibition against filing additional material attached to a motion to quash provided that material is relevant and admissible. An explanation as to why production is burdensome is, however, required. An affidavit of compliance with V.R.C.P. 26(h) may be attached to a motion to quash. See supra, Section V.B.I.
It is helpful to append to the motion all articles and/or photographs that were published about the topic of the testimony sought, in order to convince the court that the material sought is not needed, does not go to the heart of the matter being litigated and can be obtained from other readily identifiable alternative sources.
If an individual is subject to a subpoena to produce documents or to have documents inspected and copied, that person may serve an objection on the requesting party within 14 days of the date that the subpoena was served. See Fed. R. Civ. P. 45(c)(2)(B). If a timely objection is made, the party requesting the information through the subpoena will not be allowed to inspect unless there is a court order allowing such inspection. SeeId.
The Reporters Committee for Freedom of the Press often recommends that a copy of "Agents of Discovery: A Report on the Incidence of Subpoenas Served on the News Media," its biennial survey of the incidence of news media subpoenas, be attached to a motion to quash based on the reporter's privilege.
Receptiveness to attachments varies from judge to judge. In any event, the subpoenaed party should take care to research and obey any local rules that may limit the number of attached pages. See, e.g., N.M. 2d Judicial Dist. R. 119(B) (25 pages, except by leave of court).
Because Alaska's appellate courts have yet to recognize or otherwise address in any significant way a reporter's privilege, it is important that in any case in which a motion to quash is filed, or a motion to compel is defended, the press create a record that will provide the trial judge and any reviewing court with a basis for understanding and applying the privilege sought.