5. Briefing schedule

The schedule is set by the court.

There is no separate briefing schedule for a motion to quash. The local rules of each district court set forth the briefing schedule for the filing of the motion. For example, the Massachusetts federal district court, in Local Rule 7.1, requires that any motion be submitted with a memorandum of reasons and supporting affidavit or documents, and that the opposition and any supporting affidavit or documents be filed together within 14 days after service of the motion; a reply brief may only be filed with the court’s leave.

The clerk at the court usually contacts the parties to schedule a hearing. A party may also contact the clerk to schedule a hearing date. Where the information is a pressing concern, courts may expedite the process by scheduling a hearing immediately.

Every court sets its own briefing schedule for a motion to quash. Local rules, including the rules applicable to timing of briefs, are available at www.ca2.uscourts.gov/Docs/Rules/LR.pdf.

Motions practice varies from division to division within each district, and often from judge to judge within a division. Consequently, it is important to consult the clerk's office, or a particular judge's scheduling clerk if the matter has been assigned to an individual judge.

The local rules concerning motions in the district courts of the Fourth Circuit are described below but are subject to change. Practitioners are urged to consult the relevant local rules when adjudicating a case in a federal jurisdiction, and to note that the presiding judge has discretion to alter most rules.

The District of Maryland requires that a motion “shall be accompanied by a memorandum setting forth the reasoning and authorities in support of it.” Oppositions to the motion should be filed within 14 days. D. Md. R. 105.

The Eastern District of North Carolina requires that a motion “shall be filed with an accompanying supporting memorandum,” and a response must be filed within 14 days. E.D.N.C. R. 7.1. The Middle District of North Carolina sets forth that a motion should be accompanied by a brief, and a response should be filed within 21 days. M.D.N.C. Local R. 7.3. In the Western District of North Carolina, motions should be filed with briefs, and responses are expected within 14 days. W.D.N.C. Local R. 7.1.

The District of South Carolina requires that a motion “shall be timely filed with an accompanying supporting memorandum.” D.S.C. Civ. R. 7.04. A response must be filed within 14 days, unless otherwise specified by the court. D.S.C. Civ. R. 7.06.

The Eastern District of Virginia requires that a motion shall be accompanied by a “written brief setting forth a concise statement of the facts and supporting reasons, along with a citation of the authorities upon which the movant relies.” E.D. Va. R. 7(F)(1). The opposing party must respond within 14 days unless otherwise directed by the court.

The Northern District of West Virginia requires that a motion “shall be filed timely” and “shall be accompanied by a supporting memorandum of not more than twenty-five pages.” N.D. W.Va. Local R. Civ. P. 7.02(b).  The Southern District of West Virginia requires “a memorandum of not more than 20 pages.” S.D. W.Va. Local R. Civ. P. 7.1(a)(2). Responses shall be filed within 14 days. N.D. W.Va. Local R. Civ. P. 7.02(b)(1), S.D. W.Va. Local R. Civ. P. 7.1(a)(7).

The local rules of each district court typically will provide a timetable for briefing and opposing motions filed in that district. For example, the Northern District of Texas requires a movant to accompany any motion to quash with a brief in support and a proposed order. N.D. Tex. L.R. 7.1(d), (h). Non-movants must file response briefs to an opposed motion within 21 days of the date on which the motion and brief were filed. Id. 7.1(e). Unless otherwise directed by the presiding judge, the movant's reply brief must be filed within 14 days of the filing of the response brief. Id. 7.1(f). Of course, a presiding judge may be willing to impose a modified briefing schedule if necessitated by the circumstances.

Typically the movant files a motion to quash the subpoena and the person issuing the subpoena has ten days to oppose the motion.

There are no special rules for briefing schedules concerning motions to quash subpoenas.

No Eighth circuit case law addresses this issue in the context of the reporter's privilege.

There is no statutory or case law addressing this issue.

There is no regular briefing schedule for a motion to quash in Alabama; the schedule will depend upon the practice and preference of the court involved.

There is no special schedule set forth in law or court rules for briefing a motion to quash. If the press is filing a motion at a time when an answer is needed immediately, or in any event before the normal time for briefing an ordinary motion and obtaining a ruling on it will have elapsed, the motion to quash should be accompanied by a motion for expedited consideration pursuant to Civil Rule 77(g), and the accompanying declaration should reflect that other counsel have been consulted about whether expedited consideration is opposed or not.

Under the Arizona Rules of Civil Procedure, the subpoenaing party has ten judicial days to respond to a motion to quash or for protective order, plus five calendar days if the motion was served by mail. Ariz. R. Civ. P. 6(c), 7.1(a). The moving party has five judicial days to serve and file a reply (plus five calendar days, if the response was mailed).  Id.

The Arizona Rules of Criminal Procedure provide that a party has 10 judicial days to file and serve a response to a motion, and the moving party has three judicial days in which to file and serve a reply. Ariz. R. Crim. P. 1.9(b). Five calendar days may be added for service by mail. Ariz. R. Crim. P. 1.3(a)(5).

The regular briefing schedule for all motions permits a response to be filed within ten (10) business days after service of the motion, and a reply to the response to be filed within five (5) business days after service of the response. The practice, however, is to file the motion and supporting memorandum immediately upon service of the subpoena. A hearing is usually scheduled within a few days, and the response and reply are filed within the time permitted before the hearing.

For civil cases in state court, the California Code of Civil Procedure requires 16 court days’ notice of the motion, and more if the papers are served other than by personal delivery. See Cal. Code Civ. Proc. §§ 1005, 1013. Opposing papers must be served and filed 9 court days before the hearing and reply papers must be served and filed 5 court days before the hearing. Id. § 1005. These deadlines are extended if service is other than by personal delivery, as provided in California Code of Civil Procedure §§ 1010, 1011, 1012, 1013.

For criminal cases, California Rule of Court 4.111 requires motions to be served and filed at least 10 court days, opposition papers 5 court days, and replies 2 court days before the hearing. More notice should be given if the papers are served other than by personal delivery, consistent with California Code of Civil Procedure § 1013. In addition, the judicial district’s local rules may contain separate timing requirements for criminal cases.

Under Rule 45(b), a Motion to Quash should be made "promptly and at any event at or before the time specified in the subpoena for compliance therewith." Although Colo. R. Civ. P. Section 1-15(1) sets for a briefing schedule for response and reply briefs, the timing is usually dictated on a case-by-case basis and often is accelerated by an impending trial date.

There is no regular briefing schedule. Usually, movant’s brief is filed with its motion. After conclusion of the hearing the court upon request likely will give the subpoenaing party the opportunity to file a brief.

No special rules exist for motions to quash.  Rather, general motions practice rules apply.

Case by case. Although briefing schedules may vary, speed is typically helpful. See above.

In both civil and criminal cases, the general motions practice rules govern.  An opposition to a motion to quash is therefore due within 14 days from service of the motion or such further time as the court may grant.  SCR-Civ. 12-I(e); SCR-Crim. 12-I(b).

The Florida Rules of Civil Procedure and Rules of Criminal Procedure do not establish a briefing schedule. A journalist wishing to challenge a subpoena generally must file a motion to quash at or before the time of compliance. The reporter also may wish to file a supporting memorandum of law and may do so at any time before the hearing on the motion. The opposing side may file a response to the motion or memo at any time before or at the hearing. Some courts and judges have their own rules concerning the time for filing of memoranda and other materials, so it is advisable to check for specific requirements with the judge assigned to the underlying case.

Pursuant to Rule 6.2 of the Uniform Rules of Superior Court, unless otherwise ordered, a party opposing a motion shall serve and file a response not later than 30 days after service of the motion.

Pursuant to Rule 7 of the Hawai'i Rules of the Circuit Courts, opposition memoranda are due not less than 8 days before the date set for hearing on the motion, and reply memoranda are due not less than 3 days before the date set for hearing, unless otherwise ordered by the court.

Pursuant to Local Rule 7.4 of the United States District Court For the District of Hawai‘i, opposition memoranda are due not less than 18 days before the date set for hearing on the motion, and reply memoranda are due not less than 7 days before the date set for hearing, If the motion is a non-hearing motion, then opposition memoranda are due not less than 11 days after service of the motion, and reply memoranda are due not less than 11 days after service of the opposition memoranda.

Local Rule 37.1 provides a procedure for expedited resolution of discovery disputes before the Magistrate Judges in federal district court. The process entails abbreviated simultaneous briefing, and, if appropriate, a conference before the Magistrate Judge. Counsel desiring to avail themselves of this procedure must contact opposing counsel in an effort to reach agreement on the deadline for the submission of letter briefs, and then inform the courtroom deputy or chambers staff of the Magistrate Judge of the agreed upon deadline. Letter briefs are to be no longer than 5 pages, including exhibits. After reviewing the letter briefs, the Magistrate Judge will determine whether this expedited procedure will entail just the letter briefs, or the letter briefs and a discovery conference.

All briefing is subject to specific judge’s scheduling.

The court in which the proceeding is initiated may set a briefing schedule.

There are no Indiana rules on this issue. Generally, courts may set briefing schedules. You should also check local rules.

The Iowa Rules of Civil Procedure grant a party resisting a motion to quash 10 days after the motion to quash has been filed to file and serve a written resistance. Iowa R. Civ. P. 1.431(4). The court has discretion to change this default 10-day period. Id. The moving party may serve a reply within the earlier of seven days following service of the resistance or before any hearing on the motion to quash. Iowa R. Civ. P. 1.431(5). The court should rule on the motion within 30 days after submission unless it extends the deadline for reasons stated in the record. Iowa R. Civ. P. 1.431(7).

There is no standard briefing schedule for a motion to quash in Kansas.

The briefing schedule for a motion to quash is the same as any other motion. In Kentucky’s state courts, briefing schedules may vary by local rule among the circuits.

There is no set briefing schedule for a motion to quash. In civil court, the uniform local rules provide that opposition memoranda are to be filed eight days prior to a hearing date, but subpoena motions (either to compel or to quash) often are filed so close to the hearing date, that the general rule likely would not be honored in most instances.

The trial court has discretion to establish a briefing schedule.

Filing of Briefs -- There are no rules dictating the regular briefing schedule for a motion to quash. Typically, the rules regarding briefing schedules vary by county.

There are no Massachusetts rules on this issue. Generally, courts may set briefing schedules.

Motions, including the brief, are to be served nine days before a hearing; responsive briefs are due five days before a hearing unless there is personal service of the motion. MCR 2.119(C)(1)(a), (2)(a). However, the timeframe is often modified by the court. See MCR 2.119(C)(1), (2)(a) (allowing a different time period to be set by the court).

Privilege motions are considered nondispositive motions under Minnesota rules. The normal briefing schedule requires the moving party to serve and file motion papers at least fourteen days prior to the hearing, requires the responding party to serve and file opposition papers at least seven days before the hearing, and allows the moving party to serve and file reply papers at least three days before the hearing. Minn. R. Gen. Prac. 115.04. The court can waive or modify these time limits "if irreparable harm will result absent immediate action by the court, or if the interests of justice otherwise require." Minn. R. Gen. Prac. 115.07.

Rule 4.03(3) of the Mississippi Uniform Circuit and County Court Rules, as amended, provides that "[w]here movant has served a memorandum or brief, respondent may serve a reply within ten (10) days after service of movant’s memorandum or brief. A rebuttal memorandum or brief may be served within five (5) days of service of the reply memorandum."

Any motion filed in a case in Missouri should be set for hearing.  This is done by calling the judge’s clerk and asking when the judge would be available to hear the motion.  The attorney setting the hearing then is responsible for preparing the notice and mailing copies to all interested parties.

A brief must be filed with the motion. The other party then has fourteen days to respond, and the moving party has the option to submit a reply brief.

Briefing schedule is at the discretion of the court.

The briefing schedule varies by local rule, but in state district court, a response is generally due  14 calendar days after service of a motion (and 14 days in federal district court).  Motions may be heard on shortened time or on an emergency basis if requested and ordered by the applicable commissioner, magistrate judge or district court judge.

There is no regular briefing schedule procedure.

The brief in support of the motion to quash in a civil pre-trial proceeding must be submitted with the motion, at least 16 days prior to the return date of the motion. The opposition brief, if any, must be filed 8 days before the return date, and any reply thereto must be filed 4 days before the return date.  R. 1:6-3.  The brief of the moving party and any brief in opposition shall not exceed 40 pages, exclusive of any table of contents and citations, and any reply brief is limited to 15 pages.  R. 1:6-5.

For subpoenas issued for trial testimony the motion to quash should be filed in accordance with court rules.

The motion to quash must be “timely.” Rule 1-045(C)(3)(a) NMRA; Rule 5-511(C)(3)(a) NMRA. Like any opposed motion, it may be accompanied by “a brief or supporting points with citations or authorities.” Rule 1-007.1(C) NMRA (civil cases); Rule 5-120(D) NMRA (criminal cases). Written responses must be filed within 15 days after the motion is served, and a reply brief in support of the motion can be filed within 15 days after service of the response. Rule 1-007.1(D), (F) NMRA; Rule 5-120(E) to (F) NMRA.

Pursuant to CPLR § 2214 (b), a notice of motion (whether to quash, for a protective order or both) and supporting affidavits must be served at least eight days before the time at which the motion is to be heard, and answering affidavits must be served at least two days prior to the return date. However, if the notice of motion is served at least twelve days prior to the return date, answering papers are due at least seven days before that date. Id. If the motion to quash is served the requisite twelve or more days prior to the return date, it is advisable for the moving party to refer to CPLR § 2214(b) in the notice of motion, and to request specifically that the answering papers be served by hand at least seven days prior to the return date (e.g., "PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), demand is made that opposition papers, if any, be served by hand upon the undersigned counsel at least seven days before the return date of this motion."). Failure to request service by hand may result in the answering papers -- though timely served -- arriving by mail on the eve of the return date. The extra time afforded by CPLR § 2214(b) can be used to draft any reply papers, which are due one day before the return date. CPLR § 2214(b).

Should an appeal become necessary, it is advisable to review Articles 55-57 of the CPLR and the applicable rules for the appellate department (or other appellate court) in which the appeal will be taken, as the schedule for an appeal will vary substantially from the briefing schedule for the initial motion.

Pursuant to Rule 5(a1) of the North Carolina Rules of Civil Procedure, N.C. Gen. Stat. § 1A-1, Rule 5(a1), in proceedings in superior court, briefs relating to motions "seeking a final determination of the rights of the parties as to one or more of the claims or parties in the action" must be served upon each of the parties at least two days before the hearing on the motion. Because motions to quash do not seek a "final determination" concerning claims or parties, this rule does not apply to such motions. Otherwise, there is typically no formal briefing schedule for motions to quash.

If a motion to compel is filed as the result of an objection to a subpoena, the party filing the motion must file a brief with the motion. Any party opposing the motion has 10 days to file a reply brief and supporting papers, and request oral argument on the motion.

Briefing schedules are set by local rules and differ in each jurisdiction.

Under ordinary circumstances, a motion cannot be set for hearing earlier than 23 days after the motion is filed.  In the usual course, a party has 15 days from the date a motion is filed (18 days if the papers are served by mail) within which to respond to a motion.  Many judges have a local rule requiring briefs to be filed and delivered to the court at least five days before the matter is to be heard.  However, all courts have the power to order expedited briefing and hearing if necessary.

In the ordinary course, a party opposing a motion has 14 days from service in which to file an opposition, and a reply memorandum may be filed within 7 days thereafter. Unless the filing is personally served on the opposing party's counsel, three days are added to these times to account for service. See Uniform Trial Court Rules 5.030; ORCP 10.  As a practical matter, a motion to quash is usually handled on an expedited basis. Oregon's various trial courts may have specific procedures for requesting expedited treatment of the motion, set forth in their local rules.

The briefing schedule for a motion to quash is determined by the court and local court rules.

A memorandum of law detailing both legal and factual grounds of the privilege should be filed contemporaneously with the Motion to Quash, which is generally filed ten days before the hearing. However, if the subpoena is issued for an appearance at trial it is likely that a hearing would be had almost immediately. In all cases, a Motion to Quash with an accompanying brief should be filed prior to the return date of the subpoena.

There is no prescribed briefing schedule, and it is not uncommon to offer a brief memorandum of law to the court at argument.

It is recommended that any brief accompany the motion to quash.

Any briefing schedule would be set by the court.

There is not a set briefing schedule for motions to quash.  Local rules should be consulted to ensure compliance with any briefing and filing schedules set forth therein.

Unless otherwise ordered by the court, motions to quash subpoenas follow the normal briefing schedule set forth by the Utah Rules of Civil Procedure. Under this schedule, a party opposing a motion may file an opposition memorandum within fourteen (14) days of service of the motion. Utah R. Civ. P. 7(d)(1). The moving party may file a reply memorandum within seven (7) days of service of this opposition memorandum. Utah R. Civ. P. 7(e)(1). Computation of these time periods is governed by Rule 6(a) of the Utah Rules of Civil Procedure.

Often, this normal briefing schedule will not allow the motion to quash to be resolved before the time for scheduled testimony, and the parties should therefore request an expedited briefing schedule and hearing.

A brief in opposition to a motion to quash must be served within fourteen (14) days of service of the motion. V.R.C.P. 78(b)(1).  Vermont allows an additional three days for a response time unless the motion is served by hand delivery, regardless of when it was actually received. V.R.C.P. 6(e). To calculate the deadline, begin counting the day after the motion was filed and include holidays and weekends. V.R.C.P. 6. If the deadline falls on a Saturday, Sunday or a state or federal legal holiday, the deadline is extended until the following day. V.R.C.P. 6(a). Under V.R.C.P. 78(b)(1), any reply brief must be served within fourteen (14) days of the opposition.

Briefing schedules vary locally.

Briefing schedules are generally determined by reference to the Local Rules in the County in which the motion is to be filed.

In West Virginia, there is no briefing schedule specific to a motion to quash (although a written objection to a subpoena should be made within fourteen days of service of the subpoena, or any time before the time set for compliance if the subpoena was served lass than fourteen days prior to the time set for compliance). The Rules of Civil Procedure do require that a motion to quash be “timely.”  Generally, the West Virginia Rules of Civil Procedure require all motions to be filed at least 7 days prior to a hearing, if the motion is served by hand delivery or by fax, or 9 days prior to the hearing if it is served by mail. Any response to a motion must be served at least 4 days prior to a hearing, if the response is served by mail, or 2 days before a hearing if served by hand delivery or fax. The rules do not make reference to the time period allowed for the service of a reply to a response to a motion, although replies very commonly are filed. The rules allow the foregoing time periods to be modified by the court.

The briefing schedule for a motion to compel or to quash generally is subject to local rules; but in all cases, the motion must be served no later than five business days before any hearing on the motion. See Wis. Stat. § 801.15(4).

The briefing schedule for a motion to quash is the same as for other motions in Wyoming. Opposing parties have 20 days to respond to the motion. The moving party then has 15 days to file a reply. A request can be made for a different briefing schedule to be set by the court.