Connecticut Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   A subpoena must be obeyed unless it is objected to or quashed or modified as the rule allows. For noncompliance, § 13-28A(i) allows a capias, jail until compliance, or § 13-14 discovery sanctions. Never simply ignore it.

2. 2

   Connecticut has its own rule, Practice Book § 13-28A (Deposition Subpoenas), effective Jan. 1, 2026. It was split out of § 13-28 when Connecticut adopted the Uniform Interstate Depositions and Discovery Act (Gen. Stat. § 52-655 et seq.). This page covers deposition and document subpoenas under that rule.

3. 3

   A written objection is due within 15 days after service, or on or before the time specified in the subpoena for compliance if that time is less than 15 days after service. It is served on the party who requested issuance of the subpoena, by certified or registered mail, return receipt requested, not by a marshal (§ 13-28A(d)).

4. 4

   A written objection and a motion to quash are separate steps. Under § 13-28A(f), a party or the person to whom the subpoena is directed may move to quash or modify promptly and at or before the time for compliance. The objection shifts to the requesting party the burden of moving to compel.

5. 5

   The court may quash or modify the subpoena if it is 'unreasonable and oppressive' or seeks materials not subject to production under § 13-28A(c). The court may condition denial on advance payment of the reasonable cost of production. A protective order under § 13-5 is available on good cause: annoyance, embarrassment, oppression, undue burden or expense.

6. 6

   An objection based on unreasonable expense must be accompanied by an affidavit of costs, including attorney's fees and e-discovery costs (§ 13-28A(d)(1)). Where a nonparty objects on burden, the court must find undue burden before compelling and may order reimbursement of reasonable compliance costs (§ 13-28A(h)). The objection process does not apply to health-care malpractice or wrongful-death actions.

7. 7

   Venue turns on the case (§ 13-28A(e)). For an action pending in Connecticut, it is the judicial district where the action is pending. For an action in a UIDDA state, it is the Connecticut judicial district that issued the subpoena. For a non-UIDDA state, it is the district where the subpoenaed person resides.

Connecticut Requirements for Motion to Quash

• Obey Unless Objected To or Quashed

  A subpoena must be obeyed unless objected to or quashed or modified as the rule allows; noncompliance can bring a capias, jail until compliance, or § 13-14 sanctions (Conn. Practice Book § 13-28A(i)).

• 15-Day Written Objection Window

  Written objection within 15 days after service, or on or before the compliance time if that is less than 15 days after service, by certified or registered mail, return receipt, to the requesting party (Practice Book § 13-28A(d)).

• Motion Promptly and Before Compliance

  A party or the subpoenaed person may move to quash or modify promptly and at or before the time for compliance; this is separate from the written objection (Practice Book § 13-28A(f)).

• Grounds Stated in the Alternative

  The motion states its grounds as alternatives: unreasonable and oppressive, or materials not subject to production under § 13-28A(c); a § 13-5 protective order requires good cause (Practice Book § 13-28A(f), § 13-5).

• Affidavit of Costs

  An objection on unreasonable expense must be accompanied by an affidavit of costs, including attorney's fees and e-discovery costs (Practice Book § 13-28A(d)(1)).

• Nonparty Undue-Burden Finding

  Where a nonparty objects on burden, the court must find undue burden before compelling and may order reimbursement of reasonable compliance costs (Practice Book § 13-28A(h)).

• Venue by Case Type

  Pending in Connecticut: the judicial district where the action is pending. UIDDA state: the Connecticut district that issued the subpoena. Non-UIDDA state: the district where the subpoenaed person resides (Practice Book § 13-28A(e)).

• Out-of-State Actions and UIDDA

  A Connecticut clerk or judge may issue subpoenas for actions pending in a UIDDA state, as provided in Gen. Stat. § 52-657 (Practice Book § 13-28A(b)).

• Malpractice and Wrongful-Death Carve-Out

  The objection process in § 13-28A(d) does not apply to health-care provider malpractice or wrongful-death actions (Practice Book § 13-28A(d)(3)).