RULE 45. SUBPOENA
Rule 45.07: Protection of Persons Subject to Subpoena.
Upon motion made within fourteen days after the subpoena is served or before the time specified in the subpoena for compliance therewith, whichever is earlier, the Court may: (1) quash or modify the subpoena if it is unreasonable and oppressive; or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable costs of producing the books, papers, documents, electronically stored information, or tangible things. The timely filing of a motion to quash or modify obviates the need for compliance with the subpoena pending further order of the court. The failure to file a motion within the time period specified herein waives all objections to the subpoena except the right to seek the reasonable costs for producing books, papers, documents, electronically stored information, or tangible things.
[As enacted by order entered January 29, 1987, effective August 1, 1987; and by order entered January 6, 2005, effective July 1, 2005; and amended by order entered January 8, 2009, effective July 1, 2009; and by order filed December 21, 2010, effective July 1, 2011.]
Advisory Commission Comments .
Rule 45.07 was amended to clarify the obligations of one who chooses to object to a subpoena issued under this rule. If a person served with a subpoena wishes to challenge it for any reason, a motion to quash or modify must be filed within fourteen days of service, unless the time for compliance is less than fourteen days from the date of service, in which event the motion to quash or modify must be filed before the date and time specified for compliance. The failure to timely file a motion to quash or modify waives all objections to the subpoena except the right to seek reasonable costs for producing books, papers, documents, electronically stored information, or tangible things.Back to Top