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c. Timing

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  • 10th Circuit

    The motion must be "timely" filed, Fed. R. Civ. P. 45(d)(3)(A), or "made promptly," Fed R. Crim. P. 17(c). The motion to quash should be filed in advance of the return date on the subpoena, to permit the Court an opportunity to adjudicate the motion before the subpoena is to be enforced.

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  • 1st Circuit

    The reporter should promptly move to quash or modify a subpoena. Under Fed. R. Civ. P. 45(d)(2)(B), when documents are sought in civil cases, the reporter must file a written objection to the subpoena within 14 days after service of the subpoena, or at any time before the time specified for compliance, if such time is less than 14 days from the date of service.

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  • 2nd Circuit

    A motion to quash normally should be filed as soon as practicable. A motion to quash is timely if it is made before the time of compliance set out in the subpoena. See Nova Biomedical Corp. v. I-Stat Corp., 182 F.R.D. 419, 422 (S.D.N.Y. 1998); see also 1 James Wm. Moore et al., Moore's Federal Rules Pamphlet § 45.10 (Lexis 2007).

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  • 3rd Circuit

    Pursuant to Fed. R. Civ. P. 45(d)(2)(B), if the recipient of a subpoena in a civil action for documents or things wishes to rely on a written objection, the recipient must serve the objection "before the earlier of the time specified for compliance or 14 days after the subpoena is served.” A motion to quash, whether in a civil or a criminal matter, generally is required to be filed "promptly" or “timely,” in accordance with local rules or practice, and in any event prior to the return date of the subpoena (that is, the date by which the recipient is required to appear or otherwise comply with the subpoena).

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  • 4th Circuit

    Motions to quash in civil cases must be filed “timely” (Rule 45(d)(3)(A)), and generally should be filed prior to the date when compliance with the subpoena is required or within 14 days of service of the subpoena.  See Retractable Technologies, Inc. v. International Healthcare Worker Safety Center, 2011 WL 3555848 at *4 (W.D .Va. August 11, 2011) (“Although the term ‘timely’ is not defined, four and a half months after the return date of the subpoena is clearly not timely.”); In re Motorsports Merchandise Antitrust Litigation, 186 F.R.D. 344, 349-50 (W.D. Va. 1999) (court refuses to quash subpoena after subpoenaed party fails to respond within 14 days and fails to make timely motion to quash).  If the recipient of a subpoena in a civil action wishes to rely on a written objection, the recipient must serve the objection “before the earlier of the time specified for compliance or 14 days after the subpoena is served.”  Rule 45(d)(2)(B).  Motions to quash in criminal matters must be made “promptly.”  Federal Rule of Criminal Procedure 17(c)(2).

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  • 5th Circuit

    Under Rule 45, a court is authorized to quash a subpoena "on timely motion." Fed. R. Civ. P. 45(d)(3)(A). A party resisting a subpoena "may" assert objections to a subpoena within 14 days of receipt, or before the time provided in the subpoena if less than 14 days. Id. 45(d)(2)(B). A district court upheld a magistrate judge's finding that a subpoenaed party waived a particular objection to a subpoena that was not made until more than six weeks after the subpoena was served. Seabulk Towing, Inc. v. Oceanografia S.A. de C.V., 2002 WL 398771 (E.D. La. Mar. 12, 2002) (citing Fed. R. Civ. P. 45(c)(2)(B) (amended 2013)). The magistrate judge had stated that a party's failure to serve written objections within the time specified in Rule 45 constituted waiver. 2002 WL 188419, at *1 (E.D. La. Feb. 4, 2002).

    The Fifth Circuit noted but did not consider a district court's finding that a motion to quash a subpoena was untimely where the appellants had already appeared before the grand jury, been granted use immunity, and been held in contempt twice before filing the motion to quash. In re Grand Jury Proceedings, 613 F.2d 62, 64 (5th Cir. 1980).

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  • 6th Circuit

    The Federal Rules of Civil Procedure do not specify time deadlines for moving to quash or modify a subpoena. Virtually always, the motion should be filed before the date and time designated on the subpoena for compliance, and within 14 days of the compliance date if the subpoena gives the movant at least 14 days in which to comply.

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  • 7th Circuit

    Under the rules and the general approach of the federal courts in the Seventh Circuit, the motion to quash should be filed as promptly as possible. NLFC, Inc. v. DevCom Mid-America, Inc., No. 93 C 0609, 1994 WL 188478 (N.D. Ill. May 11, 1994) (pointing out that motion must be brought before time of compliance).

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  • 8th Circuit

    In Continental Cablevision, the district court held, "If [deposers] seek an order to compel [reporter invoking privilege] to respond, despite her claim of privilege, the party seeking said order shall so move within fifteen (15) days after the conclusion of said deposition. . . . [Reporter invoking privilege] shall have seven (7) days from the filing of said party's motion to compel to file a memorandum in opposition." Continental Cablevision, Inc. v. Storer Broad. Co., 583 F. Supp. 427, 438 (E.D. Miss. 1984).

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  • 9th Circuit

    To be timely, a motion to quash a subpoena must be made prior to the return date of the subpoena.  See, e.g., Amtrust N. Am., Inc. v. Safebuilt Ins. Servs., Inc., No. 2:16-MC-0145 KJM AC, 2016 WL 5469257, at *2 (E.D. Cal. Sept. 29, 2016).

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  • Alabama

    Rule 45 of the Alabama Rules of Civil Procedure requires a motion to quash to be "timely." ALA. R. CIV. P. 45 (c)(3)(A).

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  • Alaska

    How soon the press should file a motion to quash after receiving a subpoena is a judgment call, dictated largely by the circumstances. It is not governed by specific legal requirements, and whether and when to do it involves strategy questions discussed in subsections B.1 and B.3.b above. Most often, the whole issue can be avoided, particularly when the subpoena is issued well in advance of a trial, or before witnesses are called who may represent an alternate means of procuring essentially the same information as is sought from a reporter. In many instances, particularly pre-trial, it may be more advantageous to do nothing except discuss the matter with counsel for the subpoenaing party. This will put that party in the position of having to decide whether to spend the time and effort that will be needed to make a motion to compel and fight this issue—an issue important to the press, but collateral to the party's main concerns in its litigation. If the subpoena is issued at or near the time of trial, a motion to quash is more often preferable.

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  • Arizona

    Under Ariz. R. Civ. P. 45(e)(2)(D), “[a] motion to quash or modify a subpoena must be filed before the time specified for compliance or within 14 days after the subpoena is served, whichever is earlier.”

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  • Arkansas

    A motion to quash a subpoena duces tecum should be filed within ten (10) days after receiving the subpoena or before the time stated for compliance if that time is fewer than ten days. Ark. R. Civ. P. 45(e).

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  • California

    For civil cases in state court, the California Code of Civil Procedure requires 16 court days’ notice of the motion to quash or for a protective order, and more if the papers are served other than by personal delivery. See Cal. Code Civ. Proc. §§ 1005, 1013. California Rule of Court 4.111 requires 10 calendar days’ notice of a pre-trial motion filed in a criminal matter. More notice should be given if the motion is served other than by personal delivery, consistent with the Code of Civil Procedure. See Cal. Code Civ. Proc. § 1013. In addition, the judicial district’s local rules may contain different timing requirements for criminal cases.

    Frequently the requisite notice period cannot be given, because the subpoena was served on short notice. Under those circumstances, the approach should differ, depending on whether the subpoena is for deposition testimony or testimony at a court appearance. If the subpoena seeks deposition testimony, it is probably safe to file the motion giving the requisite 16 court or 10 calendar days’ notice, and merely advise opposing counsel in writing that in light of the motion the reporter will not appear at the deposition. There is, however, no statutory or case law addressing this issue.

    If the subpoena seeks testimony at a court appearance, the motion should be scheduled for the date of the court appearance or earlier. Although many courts will simply accept the motion along with an explanation why more notice could not be given, it is safest to either (1) present the motion itself as an ex parte application, pursuant to California Rule of Court 3.1200 et seq.; or (2) file an ex parte application for an Order Shortening Time to hear the motion, pursuant to California Code of Civil Procedure § 1005(b) and California Rule of Court 3.1200 et seq. These motions may be filed simultaneously, as alternative requests.

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  • Colorado

    While the Rule requires that the motion to quash be made promptly, it can be filed up to the date and time at which compliance is requested.

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  • Connecticut

    A motion to quash should be made promptly and in no event after the date and time specified for compliance in the subpoena. For subpoenas in civil cases for depositions, see General Statutes § 52-148e(d), supra. For subpoenas for appearance or production before an investigative grand jury, Connecticut Practice Book Section 44-31 provides as follows:

    (a) Whenever a subpoena has been issued to compel the attendance of a witness or the production of documents at an inquiry conducted by an investigative grand jury, the person summoned may file a motion to quash the subpoena with the chief clerk of the judicial district wherein the investigation is then being conducted. No fees or costs shall be required or assessed.

    (b) The motion shall be docketed as a criminal matter. The party filing the motion shall be designated as the plaintiff and the state's attorney for such judicial district shall be designated as the defendant. A prosecuting authority shall appeal and defend on behalf of the state's attorney.

    (c) Unless otherwise ordered by the judicial authority before whom such hearing shall be conducted, the hearing on the motion to quash shall be conducted in public and the court file on the motion to quash shall be open to public inspection.

    (d) The motion shall be heard forthwith by a judicial authority who is not a member of the panel of judges which acted on the application, nor the grand jury in the proceeding. The hearing date and time shall be set by the clerk after consultation with the judicial authority having responsibility for the conduct of criminal business within the judicial district. The clerk shall give notice to the parties of the hearing so scheduled.

    If a subpoena has been issued on short notice for testimony at trial, the presiding judge will generally hear the motion to quash prior to the start of evidence.

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  • D.C. Cir.

    A motion to quash generally is deemed timely in this Circuit if made before the date for compliance set by the subpoena.  HT S.R.L. v. Velasco, 125 F. Supp. 3d 211, 229 (D.D.C. 2015).

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  • Delaware

    Objections to subpoenas requiring inspection and copying should be made within 14 days of the issuance of the subpoena, or if production is required sooner than 14 days, before the time specified for compliance. Super. Civ. Rule 45 (c)(2)(B).

    The timing requirement is unspecified for subpoenas to testify, although the Rules say that the motion should be timely. Rule 45 (c)(3)(A).

    See above regarding practical considerations regarding timing. See supra, Part V.B.3.c.

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  • District of Columbia

    A motion to quash is timely if made before the date specified in the subpoena for compliance.  In considering a motion to quash, the trial court may hold a hearing and, as necessary, entertain any relevant testimony.  E.g., Wheeler v. Goulart, 593 A.2d 173, 178 (D.C. 1991) (trial court held hearing on motion to quash and heard testimony from several witnesses).

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  • Florida

    If a subpoena duces tecum for deposition is served in a civil matter, a written objection to the production of documents must be served within 10 days after service of the subpoena or on or before the time specified for compliance (whichever is shorter). Fla. R. Civ. P. 1.410(e). Service of the objection stays the obligation to produce documents. The rule does not specify whether the objection stays the obligation to produce deposition testimony. Therefore, in the unlikely event that the subpoenaing party does not agree to postpone the deposition pending a hearing on the objection, the person subpoenaed might file a motion to quash within 10 days of receipt or on or before the time specified for compliance, whichever is shorter, or serve an objection and appear for deposition without documents and assert the privilege.

    Florida’s rules do not require a motion to quash be filed within a certain number of days after receipt of the subpoena. However, it is advisable to file the motion to quash as soon as possible, and in all cases, this must be done before the date specified for production or testimony on the subpoena. Fla. R. Civ. P. 1.351(b); Fla. R. Crim. P. 3.361(c).  The mere filing of a motion does not stay the obligation to appear for deposition.

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  • Georgia

    The amount of time a party has to respond to a subpoena or notice to produce depends on the legal authority under which it was issued.

    A motion to quash should be filed "promptly and in any event at or before the time specified in the subpoena for compliance therewith." O.C.G.A. § 24-13-23.

    For a subpoena for deposition issued as part of civil discovery pursuant to O.C.G.A § 9-11-45, a motion to quash may be filed "promptly and in any event at or before the time specified in the subpoena for compliance therewith." O.C.G.A § 9-11-45(a)(1)(C).

    For a subpoena to produce documents as part of civil discovery pursuant to O.C.G.A § 9-11-45, an objection to the subpoena may be served "within ten days after the service [of the subpoena] or on or before the time specified in the subpoena for compliance if such time is less than ten days after service." O.C.G.A § 9-11-45(a)(2).

    For a notice to produce documents as part of civil discovery pursuant to O.C.G.A. § 9-11-34, an objection to the notice may be served "within thirty days after the service of the request." O.C.G.A. § 9-11-34(c)(1).

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  • Hawaii

    HRCP 45 and HRPP 17 provide that a court may quash or modify a subpoena "upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith." Thus, a motion to quash may be filed immediately after receipt of the subpoena, or at any time up until the time that compliance with the subpoena is specified. What makes a motion to quash "prompt" depends on the circumstances, but it is generally recommended that the motion to quash be filed as soon as a decision is made to oppose the subpoena.

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  • Idaho

    As a general rule, the time periods for motion practice, including motions to quash, are governed by the general motion provisions of the particular rules of the court. In Idaho state court, the pertinent rule is I.R.C.P. 7(b)(3). Idaho’s state court rules can be accessed from the Idaho State Judiciary website. See https://isc.idaho.gov/main/idaho-court-rules. In federal court for the District of Idaho, the general motion provisions of the Federal Rules of Civil Procedure apply, as well as the local rules of the district, which can be found online at the federal court website for the District of Idaho. See http://www.id.uscourts.gov. Similarly, the rules should be consulted for provisions dealing with the setting of hearings. In Idaho state court and federal court, hearing dates are generally arranged by contacting the calendar clerk assigned to work with the particular judge assigned to the case.

    However, in many instances, the receipt of the subpoena in relation to the time set for the appearance of the reporter or other media witness does not allow sufficient time to meet the general time periods of the particular court rules. In those circumstances, a motion to shorten time should be filed along with the motion to quash. As a practical matter, the motion and its supporting documents should be filed sufficiently in advance of the hearing, if at all possible, so as to allow the court a reasonable period of time to consider the documents prior to the hearing. See, e.g., Idaho Rule of Civil Procedure 45(d)(1) (“The court, upon timely motion” may quash or modify a subpoena).

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  • Illinois

    Illinois case law, together with Illinois Supreme Court Rule 219 indicate that a motion to quash a subpoena should be filed before the subject of the subpoena is in contempt of the court’s order(s).

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  • Indiana

    A motion to quash must be made “promptly” and in any event within the time specified for compliance with the subpoena, unless it is a subpoena duces tecum to a nonparty, see Ind. R. Tr. P.  34(C)(3). To be safe, any motion to quash should be filed within three days of receipt. However, if the subpoena calls for the production of tapes or documents, and if the entity subpoenaed is a non-party, then the provisions of Ind. R. Tr. P. 34(C) apply, and the subpoenaed nonparty has thirty days to make a written response and assert a request for security or to offer different terms of compliance.

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  • Iowa

    The subpoenaed party must object in writing to the subpoena within 14 days of its receipt, or before the time specified in the subpoena if such is less than 14 days. Iowa R. Civ. P. 1.1701(4)(b). After an objection is made, the subpoenaing party may file a motion to compel at any time. Id.

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  • Kansas

    A motion to quash should be filed prior to the date and time for compliance with the subpoena, and in no event, more than 14 days after service.

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  • Kentucky

    Kentucky Rules of Civil and Criminal Procedure provide only that a motion to quash must be made "promptly and in any event at or before the time specified in the subpoena for compliance therewith." Ky. R. Civ. P. 45.02; Ky. R. Crim. P. 7.02(3).

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  • Louisiana

    A party planning to file a motion to quash should try to file it as soon as possible if the subpoena deadline is near.

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  • Maine

    In civil cases, a written objection to a subpoena must be made within 14 days of service of the subpoena (or before the time specified for compliance if such time is less than 14 days after service).  M.R.Civ.P. 45(c)(2)(B).  A motion to quash must be “timely” made.  M.R.Civ.P. 45(c)(3)(A).

    In criminal cases, a motion to quash must be made “promptly.”  M.R.Crim.P. 17(c).  The news media did file a motion to quash in In re Letellier, 578 A.2d 722, 17 Med.L.Rptr. 2169 (Me. 1990), but “the timing of the trial court resolution of the issue [in relation to the date testimony was sought] was not addressed by the Maine [Supreme Court].”  Levesque v. Doocy, 247 F.R.D. 55, 56 (D. Me. 2007).

    The federal court in Maine has held that a motion to quash may be filed by a reporter prior to her deposition testimony because many cases have decided whether to compel such testimony prior to a deposition:

    I see no reason why a reporter must wait for his or her scheduled deposition, appear and be sworn and then refuse to answer questions based on the reporter's privilege before the party serving the deposition subpoena may be put to the First Circuit's initial test of demonstrating that it has evidence of the elements of its claim other than that (or those) to which the discovery sought may apply before any such discovery may be sought from a reporter.

    Levesque v. Doocy, 247 F.R.D. 55, 57–58 (D. Me. 2007).

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  • Maryland

    Objection to subpoena for circuit court proceedings – Md. R. Civ. Proc. 2-510(e) – "On motion of a person served with a subpoena to attend a court proceeding (including a proceeding before a master, auditor, or examiner) or a person named or depicted in an item specified in the subpoena filed promptly and, whenever practicable, at or before the time specified in the subpoena for compliance, the court may enter an order . . ., including one or more of the following: (1) that the subpoena be quashed or modified; (2) that the subpoena be complied with only at some designated time or place other than that stated in the subpoena; (3) that documents, electronically stored information, or tangible things designated in the subpoena be produced only upon the advancement by the party serving the subpoena of the reasonable costs of producing them; or (4) that documents, electronically stored information, or tangible things designated in the subpoena be delivered to the court at or before the proceeding or before the time when they are to be offered in evidence, subject to further order of court to permit inspection of them."

    Objection to subpoena for district court proceedings – Md. R. Civ. Proc. 3-510(e) (substantively identical to Md. R. Civ. Pro. 2-510(e), above, except that the there are no references to “electronically stored information”).

    Objection to subpoena for depositions – Md. R. Civ. Proc. 2-510(f) – "A person served with a subpoena to attend a deposition may seek a protective order pursuant to Rule 2-403. If the subpoena also commands the production of documents, electronically stored information, or tangible things at the deposition, the person served or a person named or depicted in an item specified in the subpoena may seek a protective order pursuant to Rule 2-403 or may file, within ten days after service of the subpoena, an objection to production of any or all of the designated materials. The objection shall be in writing and shall state the reasons for the objection. If an objection is filed, the party serving the subpoena is not entitled to production of the materials except pursuant to an order of the court from which the subpoena was issued. At any time before or within 15 days after completion of the deposition and upon notice to the deponent, the party serving the subpoena may move for an order to compel the production." See also Md. R. Civ. Proc. 3-510(f) (substantially the same except that there is no reference to “electronically stored information.”).

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  • Massachusetts

    The motion to quash should be filed before the return date on the subpoena.

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  • Michigan

    The only requirement is that the motion to quash should be noticed for hearing before the date in the subpoena. Usually you can work with opposing counsel and the court on the time for hearing. However, that said, some attorneys are fond of issuing subpoenas on the eve of trial putting you and the court in the predicament of trying to handle a jury pool waiting for selection and finding time to hear your motion to quash. You have no choice at that point but to work with the Court and appear as directed.

    Failure to respond to a subpoena including appearance at any court hearing makes it difficult to get the Court to hear your arguments and makes the granting of a motion to compel highly probable.

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  • Minnesota

    Motions to quash a deposition should be brought before the time scheduled for the deposition. If the time is too short to permit normal briefing and scheduling, the court can expedite the briefing schedule. Minn. R. Gen. Prac. 115.07. The court also can grant an ex parte motion to postpone the deposition until such time as the motion to quash can be heard. David F. Herr & Robert S. Haydock, 1A Minnesota Practice, Civil Rules Annotated R 45.03, § 45:9 (6th ed., 2017). A subpoena for a deposition might also be quashed based on the lack of a reasonable time to comply. Keefe v City of Minneapolis, 41 Med. L. Rep. 1275, 1277 n.2 (D. Minn. May 25, 2012) (“This subpoena was served six days before the deposition was to take place, with the Rev. Martin Luther King holiday taking place in the intervening time. . . . The insufficiency of this notice and the lack of collegiality in the service of this subpoena would be unacceptable if the recipient was a party, and it certainly would not be permitted in the case of a non-party.”).

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  • Mississippi

    Miss. R. Civ. P. 45(d)(2)(C) states that a motion to quash is timely if made "promptly and in any event at or before the time specified in the subpoena for compliance therewith."

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  • Missouri

    The motion to quash may be filed at any time after the subpoena is served. A motion to compel must be filed after the privilege is asserted in the deposition, but is timely at any time until pending motions are terminated in the underlying case.

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  • Montana

    In a civil case the objection or motion to quash should be made within fourteen days, or prior to the time specified for compliance if that time is less than fourteen days. Otherwise, there is no set deadline for filing a motion to quash, but it probably should be done as soon as possible after receipt of the subpoena.

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  • Nebraska

    File the motion to quash before default on the subpoena has occurred (file objections before the time scheduled for the deposition or testimony). A court has inherent authority to sanction parties for disobeying court orders, regardless of whether he or she will ultimately be directed to testify.

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  • Nevada

    Generally, the motion should be filed prior to the date and time listed on the subpoena and an order should be sought on shortened time or an emergency basis prior to the compliance deadline. If the subpoena is for trial testimony, the motion to quash should be filed as soon as possible.  In either event, a reporter may petition the Nevada Supreme Court for extraordinary relief in the event a motion to quash is denied.  Diaz v. Eighth Judicial District Court, 116 Nev. 88, 93, 993 P.2d 50, 54 (2000).

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  • New Hampshire

    There is no specific deadline; however, it is recommended that the motion to quash be filed as soon as possible.

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  • New Jersey

    The motion should be filed prior to the return date if possible. If that is not possible notice to the party issuing prior to the return date and filing as soon thereafter as possible is recommended.

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  • New Mexico

    A motion to quash must be “timely.” Rule 1-045(C)(3)(a) NMRA; Rule 5-511(C)(3)(a) NMRA. The subpoenaed party cannot go wrong by conforming to the deadline for written objections – 14 days after service of the subpoena, see Rule 1-045(C)(2)(b), “or before the time specified for compliance if such time is less than [14] days after service,” Rule 5-511(C)(2)(b).

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  • New York

    The CPLR specifies only that a motion to quash, fix conditions or modify a subpoena "shall be made promptly," without further explanation as to what is meant by "promptly." However, the practice commentaries to the statute advise that such a motion should be made at least at or before the time specified in the subpoena for compliance therewith.  CPLR § 2304, McKinney's Practice Commentary C2304:3. In Santangello v. People, 38 N.Y.2d 536, 539, 344 N.E.2d 404, 405–06, the New York Court of Appeals explained that a “motion to quash ... should be made prior to the return date, thereby requiring such timeliness that substantial delay in the proceedings is unlikely.” See People v. Burnette, 160 Misc.2d 1005, 612 N.Y.S.2d 774 (1994) (police department waived objection to subpoena where department failed to object prior to return date).

     

    Where the requisite notice for a motion to quash or for a protective order cannot be given, such as where the subpoena calls for compliance "forthwith," the motion may be brought on an order to show cause, which will abbreviate the notice time. CPLR § 2214 (d) ("The court in a proper case may grant an order to show cause, to be served in lieu of a notice of motion, at a time and in a manner specified therein.") If the subpoena seeks deposition testimony, it is probably safe to file the motion giving the eight days’ notice required by CPLR § 2214 (b) and notifying opposing counsel in writing that in light of the motion, the subpoenaed reporter will not appear for the deposition. In addition, service of a notice of motion for a protective order will also serve to "suspend disclosure of the particular matter in dispute." CPLR § 3103 (b).

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  • North Carolina

    A motion to quash or modify a subpoena must be made promptly, and in any event, it must be made before the time specified for compliance with the subpoena. N.C. R. Civ. P. 45(c)(5).

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  • North Dakota

    An objection should be served on the party designated in the subpoena within 10 days or, if the time specified for compliance is less than 10 days, at least 24 hours before the time specified for compliance.

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  • Ohio

    The media party should file a motion to quash before the "return" date listed on the subpoena, meaning the date by which testimony or documentary evidence is commanded to be produced.

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  • Oklahoma

    Under Oklahoma procedure, the filing of a motion to quash suspends any duty of compliance until the motion is heard.  We nevertheless encourage clients to file a motion as soon as it becomes apparent that less formal options are no longer available.

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  • Oregon

    The motion to quash must be filed “promptly,” and at or before the time specified in the subpoena.  As a practical matter, a motion should be filed as soon as possible and an attempt made to schedule a hearing on that motion.

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  • Pennsylvania

    The news media should file a motion to quash as soon as possible. The filing of a motion to quash does not stay the news media’s obligation to comply with the subpoena, see, e.g., Pa. R. Civ. P. 4013, although such a motion usually has that effect as a practical matter.

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  • Rhode Island

    A Motion to Quash or a Motion for a Protective Order should be filed as soon as practicable, but in no event should it be filed later than the return date on the subpoena.

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  • South Carolina

    In civil cases the written objection to production must be made within 14 days of the receipt of the subpoena or prior to the date for response if shorter than 14 days. Motions to quash or for a protective order must be made in advance of the time set for production or testimony.

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  • South Dakota

    There is no reason not to file a motion to quash promptly.

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  • Tennessee

    There is no set timing for the motion to quash the subpoena.

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  • Texas

    Notice and an opportunity to be heard must precede any attempt to compel testimony by the journalist. Tex. Civ. Prac. & Rem. Code §22.024 and Tex. Code Crim. Proc. art. 38.11, §6. For a trial subpoena, the journalist should object or move for a protective order or to quash prior to the time specified for appearing in court. For any other kind of discovery subpoena, the journalists must object or move for protection or to quash prior to the time specified for compliance in the subpoena. The failure to timely object to a request for written discovery may result in the waiver of the objection absent a showing of good cause pursuant to Tex. R. Civ. P. 193.2(e).

    Furthermore, if this is an issue the journalist or news organization is willing to appeal, keep in mind that if the motion is denied, you will need time to respond or file a mandamus or appeal. Finally, if it is the time or place for a deposition that the journalist objects to, one must file a motion for protection or to quash within three days of receiving the subpoena to automatically stay the deposition until the motion can be determined. See Tex. R. Civ. Proc. 199.4.

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  • Utah

    A motion to quash should be filed or a written objection should be served before the time for compliance specified in the subpoena. A subpoena duces tecum must provide the media party at least fourteen (14) days for compliance. See Utah R. Civ. P. 45(e)(2). A subpoena seeking testimony must provide the media party a “reasonable time for compliance.” Utah R. Civ. P. 45(e)(3)(A).

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  • Vermont

    The written objection or motion to quash must be filed within fourteen (14) days of the service of the subpoena, or before the time specified for compliance if such time is less than fourteen (14) days after service. V.R.C.P. 45(c)(2)(B).

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  • Virginia

    Generally, the motion should be filed as soon as practicable, to avoid surprise to the court.

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  • Washington

    Any motion should be filed before the due date for the discovery request or the subpoena.

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  • West Virginia

    The filing of a motion to quash effectively stays the requirements of the subpoena. Pursuant to Rule 45(d)(B) of the West Virginia Rules of Civil Procedure, the person to whom the subpoena is directed has fourteen (14) days after service of the subpoena (or before the time specified for compliance if such time is less than fourteen (14) days) to respond with a written objection.  If an objection is made, the party serving the subpoena is not entitled to the requested information except pursuant to an order issued by the court that issued the subpoena.  The party serving the subpoena could then make a motion to compel.

    In the case of a civil discovery subpoena, it is preferable to file an objection or motion to quash far enough in advance of the time of compliance directed by the subpoena so that the subpoenaing party does not suffer undue expense as a result. Pragmatically, this usually can be accomplished simply by contacting the subpoenaing party's lawyer and explaining that you will be filing the motion to quash, and therefore the subpoena will not be complied with unless or until a court so orders. If for some reason the opposing counsel is unreachable, the motion to quash a discovery subpoena can be filed and served on opposing counsel at least a full day before a discovery deposition. In the case of a trial or hearing subpoena requiring the reporter to appear in court, it is important to file the motion far enough in advance so that the court has sufficient time to review it, and so that you can schedule a hearing on the motion. If possible, the motion and the hearing on the motion should be noticed at least ten days prior to the hearing. If that is not possible, filing the motion quickly is all the more important.

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  • Wisconsin

    A motion to quash must be served no later than five business days before the hearing on the motion. See Wis. Stat. § 801.15(4).

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  • Wyoming

    A motion to quash must be timely. In other words, it must be before the time specified for compliance. Wyoming courts pride themselves in moving their cases along promptly. If the judges perceive that a subpoenaed party has filed a motion just before the time specified for compliance without good reason, the judge is likely to be less receptive to quashing the subpoena. Filing the motion to quash as soon as practical is the best approach.

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