California Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Cal. Code Civ. Proc. section 1987.1 is the state's own rule on quashing or modifying a subpoena and on protective orders. It is not a copy of the federal rule, and section 1987.1 sets no deadline itself.

2. 2

   A subpoena must be obeyed unless it is objected to or quashed or modified as the California rules allow. Do not ignore it.

3. 3

   For a deposition notice, a party promptly serves a written objection specifying the error or irregularity at least three calendar days before the deposition (section 2025.410(a)). A written objection and a motion to quash are separate steps.

4. 4

   A motion to stay the deposition and quash the notice (section 2025.410(c)) stays the deposition pending decision and needs a meet and confer declaration under section 2016.040.

5. 5

   The court may protect a person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy (section 1987.1(a)). Movants include a party, witness, consumer, employee, or a person whose identity is sought in a free-speech action.

6. 6

   Consumer records (section 1985.3) and employment records (section 1985.6) require advance notice, with not less than 10 days for the consumer before production (plus section 1013 time if served by mail), and such a person need not move to quash (section 1987.1(c)).

7. 7

   An out-of-state subpoena dispute is a petition in the superior court of the county where discovery occurs, with a civil case cover sheet (section 2029.600). Sanctions can follow under sections 1987.2(a) and 2025.410(d).

California Requirements for Motion to Quash

• Section 1987.1 Motion and Movants

  The court may quash a subpoena entirely, modify it, or direct compliance on stated terms, including protective orders, on motion reasonably made by a party, witness, consumer (section 1985.3), employee (section 1985.6), or a person whose personally identifying information is sought in a free-speech action (Cal. Code Civ. Proc. 1987.1).

• Grounds: Unreasonable or Oppressive Demands

  The court may make any other order appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy (Cal. Code Civ. Proc. 1987.1(a)).

• Three-Calendar-Day Objection to a Deposition Notice

  A party promptly serves a written objection specifying the error or irregularity at least three calendar days before the scheduled deposition (Cal. Code Civ. Proc. 2025.410(a)). Section 1987.1 sets no deadline itself.

• Motion to Stay Deposition and Quash the Notice

  Section 2025.410(c) allows a motion to stay the deposition and quash the notice; the deposition is stayed pending decision, and the motion must be accompanied by a meet and confer declaration under section 2016.040.

• Consumer Records: 10 Days' Notice

  The consumer is served not less than 10 days before the production date, plus section 1013 time if served by mail, and must object before the production date; the consumer need not move to quash (Cal. Code Civ. Proc. 1985.3, 1987.1(c)).

• Employment Records Notice

  Section 1985.6 requires advance notice to the employee. The notice is in a typeface designed to call attention and says to file papers or serve a written objection before the production date (Cal. Code Civ. Proc. 1985.6, 1987.1(c)).

• Out-of-State Subpoenas: Petition in the County Where Discovery Occurs

  Under the UIDDA, a request to quash, modify or for a protective order is a petition filed in the superior court of the county where discovery is conducted, with a civil case cover sheet (Cal. Code Civ. Proc. 2029.600).

• Sanctions Exposure

  The court may award reasonable expenses and attorney's fees if a motion was made or opposed in bad faith or without substantial justification, or if the subpoena was oppressive (section 1987.2(a)). A monetary sanction is mandatory against the loser of a motion to quash a deposition notice, absent substantial justification (section 2025.410(d)).

• Relief Requested and Conference Declaration

  The motion asks the court to quash, modify, or issue a protective order, states the movant's relation to the case and the grounds as alternatives, and for a deposition notice attaches a meet and confer declaration under section 2016.040.