B. How to Quash

Rule 45 provides guidance regarding the ways to quash a subpoena. Colorado Rule 45 differs from Federal Rule 45 in that there are only two mechanisms a deponent or witness can used to attempt to avoid having to comply with a subpoena duces tecum. Rule 45(b) states that "upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, [a deponent or witness] may (1) Quash or modify the subpoena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or tangible things."

Rule 45(d)(1) allows any person to whom a deposition subpoena is directed to move for a protective order under Rule 26. Under the requirements of Rule 26, a protective order may be issued where "for good cause shown . . to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense." Under Rule 26, a court has the power to prohibit a deposition from being taken or limit disclosure of the testimony taken during the exam. Rule 26(c)(1). To determine good cause, the court will balance the competing interested that would be served by granting or denying the discovery. Those interests include: Whether the party seeking to prevent disclosure has a legitimate expectation that the information will not be disclosed; the state’s interest in facilitating the truth-seeking process through litigation; and whether disclosure can occur in a less intrusive manner. Williams v. District Court, 866 P.2d 908 (Colo. 1993). The party opposing the discovery bears the burden of proving "good cause." Cameron v. District Court, 565 P.2d 925 (Colo. 1977).