Arizona Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   A subpoena must be obeyed unless it is quashed or modified as Ariz. R. Civ. P. 45 allows; a timely objection to a document subpoena suspends compliance. Contempt is possible under Rule 45(f). Never simply ignore a subpoena.

2. 2

   A motion to quash or modify must be filed before the time specified for compliance or within 14 days after the subpoena is served, whichever is earlier (Rule 45(e)(2)(D)). A written objection to a document subpoena has the same earlier-of timing (Rule 45(c)(6)(A)(ii)).

3. 3

   A written objection and a motion to quash are different steps. Objecting to a document subpoena suspends compliance until the issuing court orders otherwise, but attendance objections require a motion and the person must still appear unless excused (Rules 45(b)(5), 45(c)(6)(B)(i)).

4. 4

   On timely motion the court must quash or modify a subpoena that fails to allow a reasonable time to comply, requires non-party travel outside Rule 45(b)(3)(B) places, requires disclosure of privileged or other protected matter if no exception or waiver applies, or subjects a person to undue burden or expense (Rule 45(e)(2)(A)).

5. 5

   The court may also quash or modify for trade secret or confidential commercial information, an unretained expert's opinion, substantial travel expense, or if justice so requires (Rule 45(e)(2)(B)). Instead of quashing, it may order compliance on conditions (Rule 45(e)(2)(C)).

6. 6

   Before any motion to compel, quash or for protective order, you must attempt to resolve the dispute by good faith consultation (Rule 45(c)(6)(C)), and the motion must carry a good faith consultation certificate under Rule 7.1(h). A document or inspection subpoena needs 2 days' advance notice to the parties before it is served (Rule 45(d)(3)).

7. 7

   The superior court in the county where the case is pending or from which the subpoena was issued hears the motion (Rule 45(e)(2)). For a foreign subpoena under Rule 45.1, the motion is filed in the county where discovery occurs as a separate civil action with the caption the rule requires (Rule 45.1(e)(2)).

Arizona Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  A subpoena must be obeyed unless quashed or modified as Ariz. R. Civ. P. 45 allows (a timely document-subpoena objection suspends compliance); contempt is possible under Rule 45(f).

• Motion Deadline

  File before the time specified for compliance or within 14 days after service, whichever is earlier (Ariz. R. Civ. P. 45(e)(2)(D)).

• Objection Is Not a Motion

  A written objection to a document subpoena has the earlier-of timing in Rule 45(c)(6)(A)(ii) and suspends compliance until the court orders otherwise; attendance objections require a motion (Rule 45(b)(5), 45(c)(6)(B)(i)).

• Grounds Stated as the Rule Words Them

  Unreasonable time to comply, non-party travel outside Rule 45(b)(3)(B) places, privileged or protected matter, undue burden or expense (Rule 45(e)(2)(A)); permissive grounds in Rule 45(e)(2)(B).

• Good Faith Consultation Certificate

  Attempt to resolve the dispute before moving (Rule 45(c)(6)(C)); the motion carries a good faith consultation certificate under Rule 7.1(h).

• Superior Court Venue

  The superior court in the county where the case is pending or from which the subpoena was issued (Ariz. R. Civ. P. 45(e)(2)).

• Foreign Subpoena Under Rule 45.1

  Motions go in the county where discovery occurs, as a separate civil action with the caption required by Rule 45.1(e)(2).

• Service and Notice

  Document subpoenas need 2 days' advance notice to the parties (Rule 45(d)(3)); the motion is served on the issuing party, who serves all other parties (Rule 45(e)(2)(E)).