Alaska Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Failure to obey a subpoena without adequate excuse can be treated as contempt (Civil Rule 45(f)). Never simply ignore a subpoena. A Civil Rule 45(d)(1) objection reaches only inspection and copying of documents under a deposition subpoena, not the rest of the subpoena.

2. 2

   Alaska's Civil Rule 45 uses its own standard, not the FRCP 45(d)(3) wording: the court may void or modify a subpoena 'if it is unreasonable and oppressive' (Civil Rule 45(b)).

3. 3

   The motion must be made 'promptly and in any event at or before the time specified in the subpoena for compliance' (Civil Rule 45(b)). Both conditions matter: prompt, and no later than the compliance time.

4. 4

   For a deposition subpoena that commands inspection and copying of documents, written objection may be served on the attorney designated in the subpoena within 10 days after service, or on or before the compliance time if that is less than 10 days after service (Civil Rule 45(d)(1)).

5. 5

   A written objection and a motion to void or modify are different steps. After an objection under Civil Rule 45(d)(1), the requesting party moves for an order on notice to the deponent; a Civil Rule 45(b) motion is a separate filing.

6. 6

   A protective-order motion under Civil Rule 26(c) needs good cause and a certification of good-faith conference or attempt to confer with other affected parties. It is heard where the action is pending or, for deposition matters, in the judicial district where the deposition is taken.

7. 7

   For a subpoena from another state, Civil Rule 45.1 sends any application to quash, modify, or for a protective order to the Alaska court location from which the clerk issued the subpoena. The court may condition denial of a motion on the requesting party advancing the reasonable cost of production (Civil Rule 45(b)(2)).

Alaska Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  Failure to obey a subpoena without adequate excuse may be contempt (Alaska Civil Rule 45(f)); a Civil Rule 45(d)(1) objection covers only inspection and copying of deposition-subpoena documents.

• Prompt Motion, At or Before Compliance

  A motion to void or modify must be made promptly and in any event at or before the time specified in the subpoena for compliance (Alaska Civil Rule 45(b)).

• 10-Day Written Objection Window

  For a deposition subpoena commanding inspection and copying of documents, written objection goes to the designated attorney within 10 days after service, or by the compliance time if that is less than 10 days after service (Alaska Civil Rule 45(d)(1)).

• Objection Is Not a Motion

  After an objection, the requesting party moves for an order on notice to the deponent; a motion to void or modify under Civil Rule 45(b) is a separate filing.

• Unreasonable and Oppressive Ground

  The motion states that the subpoena is unreasonable and oppressive, the Civil Rule 45(b) standard, and may add a Civil Rule 26(c) protective-order ground in the alternative.

• Good-Faith Conference Certification

  A Civil Rule 26(c) protective-order motion must be accompanied by a certification of a good-faith conference or attempt to confer with other affected parties.

• Court and UIDDA Venue

  A Rule 26(c) motion goes to the court where the action is pending or, for deposition matters, the judicial district where the deposition is taken; for a foreign subpoena, to the Alaska court location that issued it (Civil Rule 45.1).

• Cost of Production Condition

  The court may condition denial of a motion on the requesting party advancing the reasonable cost of production (Alaska Civil Rule 45(b)(2)).