Colorado Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   A subpoena must be obeyed unless it is quashed or modified, or, for records, objected to as C.R.C.P. 45 allows. A written objection covers records only; it does not excuse a deposition or appearance. Never simply ignore a subpoena.

2. 2

   A non-party's written objection to a records subpoena must be submitted to the issuing party before the earlier of the time specified for compliance or 14 days after the subpoena is served (C.R.C.P. 45(c)(2)(C)).

3. 3

   A written objection and a motion to quash are different steps. After an objection, the issuer may not inspect or copy except by court order and may move to compel. A motion under 45(c)(3) must be made promptly and in any event at or before the time specified for compliance.

4. 4

   The issuing court must quash or modify a subpoena that fails to allow reasonable time to comply, requires a non-party deposition outside the county where the person resides, is employed or transacts business, requires privileged or other protected matter (if no exception or waiver applies), or subjects a person to undue burden (45(c)(3)(A)). A trade secret or other confidential research, development or commercial information, and an unretained expert's opinion, are permitted grounds (45(c)(3)(B)).

5. 5

   Service lead times under 45(b)(1) are 14 days before compliance for documents, 7 days for a deposition, and 48 hours for a trial or hearing. Production is barred until 14 days after service absent agreement (45(d)(1)(A)).

6. 6

   Privileged records of C.R.S. 13-90-107 providers need the privilege holder's signed authorization or a court order, and a subpoena may not be used to get discovery from named parties without a court order for good cause (45(c)(2)(B), 45(a)(1)(D)).

7. 7

   The issuing court, meaning the court where the case is pending, hears the motion. Sanctions for failing to avoid undue burden or expense may include lost earnings and reasonable attorney's fees (45(c)(1)).

Colorado Requirements for Motion to Quash

• Obey Unless Quashed or Objected To

  A subpoena must be obeyed unless it is quashed or modified, or, for records, objected to as C.R.C.P. 45 allows. An objection does not excuse a deposition or appearance.

• Written Objection Deadline

  A non-party's written objection to a records subpoena goes to the issuing party before the earlier of the time specified for compliance or 14 days after service (C.R.C.P. 45(c)(2)(C)).

• Objection Is Not a Motion

  A timely objection bars inspection or copying except by court order and lets the issuer move to compel. A motion to quash or modify under 45(c)(3) is separate.

• Motion Timing

  The motion must be made promptly and in any event at or before the time specified in the subpoena for compliance (C.R.C.P. 45(c)(3)).

• Grounds Stated in the Alternative

  Grounds follow 45(c)(3)(A) (time, deposition location, privilege, undue burden) and 45(c)(3)(B) (trade secret or confidential information, unretained expert opinion).

• Privileged Records Authorization

  Subpoenas for privileged records of C.R.S. 13-90-107 providers need the holder's signed authorization or a court order (C.R.C.P. 45(c)(2)(B)).

• Service Lead Times

  Documents 14 days before compliance, deposition 7 days, trial or hearing 48 hours (C.R.C.P. 45(b)(1)).