Alabama Motion to Quash a Subpoena
Ala. R. Civ. P. 45: a 10-day objection window to production notices, and a 'timely motion.'
Find out where you stand in Alabama
What kind of subpoena are you dealing with?
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Introduction
Ala. R. Civ. P. 45 governs. A non-deposition production subpoena needs notice, and objections are due within 10 days of service of that notice. A motion to quash must be timely. A written objection may be mailed before compliance. Never ignore a subpoena.
Key Things to Know
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A subpoena must be obeyed unless it is objected to or quashed or modified as Ala. R. Civ. P. 45 allows. Failing without adequate excuse may be treated as contempt (Rule 45(e)). A non-party's failure is excused when the place of compliance exceeds the Rule 45(c)(3)(A)(ii) 100-mile limit. Never simply ignore it.
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Alabama adds a step before a production subpoena (other than a deposition subpoena) issues: the party must serve notice of intent on all parties with the proposed subpoena attached. Any person or party may object within 10 days of service of the notice, and the subpoena then does not issue (Rule 45(a)(3)(A)-(B)).
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A recipient may serve a written objection any time before the compliance date, and 'serve' means mailing it to the party or attorney (Rule 45(c)(2)(B)). The compliance time must be at least 15 days after service (Rule 45(a)(3)(C)).
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A written objection and a motion to quash are separate steps. The motion is made to the court by which the subpoena was issued, and Rule 45(c)(3)(A) requires it to be 'timely' with no fixed day count (Rule 45(c)(3)(A)).
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On timely motion the court shall quash or modify if the subpoena (i) fails to allow reasonable time for compliance; (ii) requires a non-party to travel more than 100 miles; (iii) requires privileged or other protected matter with no exception or waiver; or (iv) subjects a person to undue burden (Rule 45(c)(3)(A)).
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The 100-mile limit is measured from residence, employment or business for residents, and from the place of service for nonresidents. Rule 45(c)(3)(B) adds discretionary grounds: trade secret or confidential commercial information, an unretained expert's opinion, and substantial expense to travel more than 100 miles to trial.
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Rule 45(c)(1) requires the court to sanction a party or attorney who breaches the duty to avoid undue burden, including lost earnings and a reasonable attorney fee. A non-party production subpoena may not be served within 45 days after service of the summons and complaint unless the court grants leave.
Key decisions before you file
Before you file a Motion to Quash in Alabama, a few decisions shape the document: which option to choose and what each one means. The Motion to Quash guide walks through them.
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Alabama Requirements for Motion to Quash
Obey Unless Objected To or Quashed
A subpoena must be obeyed unless it is objected to or quashed or modified as Rule 45 allows. Failing without adequate excuse may be treated as contempt (Ala. R. Civ. P. 45(e)). A non-party's failure is excused when the place of compliance exceeds the Rule 45(c)(3)(A)(ii) 100-mile limit; object or move, never ignore.
Notice of Intent and 10-Day Objection
A production subpoena other than a deposition subpoena requires notice of intent to all parties with the subpoena attached. Any person or party may object within 10 days of service of the notice, and the subpoena then does not issue (Ala. R. Civ. P. 45(a)(3)(A)-(B)).
Written Objection by Mail Before Compliance
A recipient may serve a written objection, by mailing it to the party or attorney, any time before the compliance date. The compliance time must be at least 15 days after service (Ala. R. Civ. P. 45(c)(2)(B), 45(a)(3)(C)).
Grounds Under Rule 45(c)(3)(A)
The motion states its grounds in the alternative: (i) unreasonable time; (ii) non-party travel over 100 miles; (iii) privileged or protected matter with no exception or waiver; (iv) undue burden (Ala. R. Civ. P. 45(c)(3)(A)).
Discretionary Grounds Under Rule 45(c)(3)(B)
Trade secret or confidential commercial information, an unretained expert's opinion, and substantial expense to travel over 100 miles to trial (Ala. R. Civ. P. 45(c)(3)(B)).
100-Mile Test
Measured from residence, employment or business for residents, and from the place of service for nonresidents (Ala. R. Civ. P. 45(c)(3)(A)(ii), Committee Comments 2010).
45-Day Limit on Non-Party Production
A non-party production subpoena may not be served within 45 days after service of the summons and complaint unless the court grants leave (Ala. R. Civ. P. 45(a)(3) and Comments).
Sanctions and Privilege Claims
The court shall sanction a party or attorney who breaches the duty to avoid undue burden, including lost earnings and a reasonable attorney fee (45(c)(1)). Privilege claims follow Rule 45(d)(2).