5B

See Fed. R. Civ. P. 45(c)(3):

(A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it

(i) fails to allow reasonable time for compliance;

. . .

(iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or

(iv) subjects a person to undue burden.

See also Fed. R. Crim P. 17(c).

A reporter faced with a subpoena may file a motion with the court to quash that subpoena. The burden to defeat a motion to quash lies with the party seeking to divest the reporter of the privilege. If the party seeking divestiture cannot establish 1) the relevance of the information to the proceeding, 2) the public interest supported by disclosing the information, and 3) exhaustion of all other available sources of the information, the court may quash the subpoena. Illinois v. Fort, 15 Media L. Rep. 2251, 2253-54 (Ill. Cir. Ct. 1988).

Washington practice generally determines issues of privilege by a motion to quash (or, as they may also be styled, by a motion for protective order). A motion to quash may also be appropriate with regard to a subpoena duces tecum, but it is not necessary.