Georgia Motion to Quash a Subpoena

Q: What is the deadline to move to quash a subpoena for documents in Georgia?

Under O.C.G.A. § 24-13-23(b), the written motion must be made 'promptly and in any event at or before the time specified in the subpoena for compliance.' Both conditions apply: promptly, and no later than the compliance time.

Q: What is the Georgia ground for quashing a subpoena?

O.C.G.A. § 24-13-23(b)(1) allows the court to quash or modify a subpoena for documentary evidence if it is 'unreasonable and oppressive.' A protective order motion under § 9-11-26(c) refers to annoyance, embarrassment, oppression, or undue burden or expense.

Q: Is a written objection the same as a motion to quash in Georgia?

No. For a deposition subpoena for documents, O.C.G.A. § 9-11-45(a)(2) allows a written objection served on the attorney designated in the subpoena within 10 days after service, or by the compliance time if that is under 10 days after service. A motion under § 24-13-23(b) is a separate written motion to the court.

Q: Can a Georgia court make the requesting party pay for production?

Under O.C.G.A. § 24-13-23(b)(2), the court may condition denial of the motion to quash on the requesting party advancing the reasonable cost of producing the evidence.

Q: Which Georgia court hears a motion to quash a subpoena?

Section 24-13-23(b) refers to 'the court' acting on a written motion. A protective order under O.C.G.A. § 9-11-26(c) may be sought in the court in which the action is pending, or on deposition matters in the court in the county where the deposition is to be taken. A written objection to a deposition subpoena for documents is served on the attorney designated in the subpoena, not filed with a court; a court order on that objection comes from the court from which the subpoena issued (§ 9-11-45(a)(2)). Check the subpoena and your case caption.

Q: Does Georgia require a conference with the other side before moving to quash?

Check your court's rules for any good-faith conference requirement before moving to quash a subpoena in Georgia. If you do confer, the motion can state when and how you conferred and that the dispute was not resolved.

Q: How does Georgia handle a subpoena from another state?

Georgia's UIDDA is O.C.G.A. §§ 24-13-110 to 24-13-116. Section 24-13-116 is titled 'Protective order or enforcement, quashing, or modification of foreign subpoena.' Read that section for how to bring the motion.

Q: What happens if someone misuses a subpoena in Georgia?

Misuse of a subpoena is subject to punishment for contempt of court, a fine of not more than $300 or not more than 20 days' imprisonment, or both (O.C.G.A. § 24-13-21(h)). Expenses on protective-order motions are governed by § 9-11-37(a)(4) (§ 9-11-26(c)).

O.C.G.A. § 24-13-23(b): written motion promptly, at or before the compliance time.

Find out where you stand in Georgia

What kind of subpoena are you dealing with?

DocDraft provides document preparation, not legal advice.

Introduction

Georgia's O.C.G.A. § 24-13-23(b) lets the court quash or modify a document subpoena on written motion made promptly and in any event at or before the compliance time. Obey the subpoena unless it is objected to or quashed as Georgia law allows.

Key Things to Know

1
A subpoena must be obeyed unless it is objected to or quashed or modified as Georgia law allows. Separately, a person who misuses a subpoena is punishable as contempt, with a fine of not more than $300 or not more than 20 days' imprisonment, or both (O.C.G.A. § 24-13-21(h)).
2
For a subpoena for documentary evidence, the written motion must be made 'promptly and in any event at or before the time specified in the subpoena for compliance' (O.C.G.A. § 24-13-23(b)). Do not wait for the compliance date.
3
The ground in § 24-13-23(b)(1) is that the subpoena is 'unreasonable and oppressive.' The court may quash or modify it on that ground.
4
Under § 24-13-23(b)(2), the court may condition denial of the motion on the requesting party advancing the reasonable cost of producing the evidence.
5
A deposition subpoena for documents has a separate step: a written objection 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 (O.C.G.A. § 9-11-45(a)(2)). It suspends the right to inspect or copy absent a court order. It is not a motion to quash.
6
A protective order under O.C.G.A. § 9-11-26(c) may protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. A protective-order motion goes to the court in which the action is pending, or on deposition matters to the court in the county where the deposition is to be taken (§ 9-11-26(c)); a written objection under § 9-11-45(a)(2) is served on the attorney designated in the subpoena, and a court order on that objection comes from the court from which the subpoena issued. A deponent's travel limit is the county of service or within 30 miles of the county seat where the witness resides, is employed or does business (§ 9-11-45(b)).
7
A subpoena from another state is handled under Georgia's UIDDA, O.C.G.A. §§ 24-13-110 to 24-13-116; § 24-13-116 covers protective orders, enforcement, quashing or modification of a foreign subpoena. Before filing, check your court's rules for any good-faith conference requirement. This page does not point to an official statewide form for the motion.

Key decisions before you file

Before you file a Motion to Quash in Georgia, a few decisions shape the document: which option to choose and what each one means. The Motion to Quash guide walks through them.

Open the Motion to Quash guide

Customize your Motion to Quash Template with DocDraft

IN THE [NAME OF COURT] OF [COUNTY] COUNTY STATE OF GEORGIA

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

CIVIL ACTION FILE NO. [CASE NUMBER]

[MOVANT NAME]'S MOTION TO QUASH OR MODIFY SUBPOENA

Movant [MOVANT NAME] is [A NON-PARTY OR A PARTY] to this action and the person to whom a subpoena was directed. Under O.C.G.A. § 24-13-23(b), Movant moves this Court to quash or modify the subpoena described below.

THE SUBPOENA

On [DATE OF ISSUE], [NAME OF ISSUING PARTY OR ATTORNEY] issued a subpoena to Movant, served on [DATE OF SERVICE], commanding production of documentary evidence, namely [DOCUMENTS REQUESTED], on [DATE AND TIME FOR COMPLIANCE] at [PLACE OF COMPLIANCE]. A copy is attached as Exhibit A.

TIMELINESS

This motion is made in writing, promptly, and at or before the time specified in the subpoena for compliance. [IF APPLICABLE: DEPOSITION DOCUMENT SUBPOENA: Movant served written objection on [DATE OF OBJECTION] on [ATTORNEY DESIGNATED IN THE SUBPOENA] under O.C.G.A. § 9-11-45(a)(2).]

GROUNDS

Movant relies on the following, each stated in the alternative:

[IF APPLICABLE: (a) The subpoena is unreasonable and oppressive because [FACTS SUPPORTING THIS GROUND].]

[IF APPLICABLE: (b) In the alternative, the subpoena should be modified as follows: [PROPOSED MODIFICATION], and any production should be conditioned on the requesting party advancing the reasonable cost of producing the evidence under O.C.G.A. § 24-13-23(b)(2), because [FACTS SUPPORTING THIS GROUND].]

[IF APPLICABLE: (c) A protective order is warranted under O.C.G.A. § 9-11-26(c) to protect Movant from annoyance, embarrassment, oppression, or undue burden or expense, because [FACTS SUPPORTING THIS GROUND].]

CONFERENCE

[IF APPLICABLE: Movant conferred with [ISSUING PARTY OR ATTORNEY] on [DATE] by [METHOD] in an effort to resolve this matter in good faith, and the dispute was not resolved.]

RELIEF REQUESTED

Movant asks the Court to: (i) quash the subpoena; (ii) in the alternative, modify it as described above; (iii) [IF APPLICABLE: enter a protective order under O.C.G.A. § 9-11-26(c)]; and (iv) grant other relief the Court finds proper.

Respectfully submitted this [DAY] day of [MONTH], [YEAR].

[SIGNATURE] [PRINTED NAME] [IF APPLICABLE: GEORGIA BAR NUMBER] [ADDRESS, TELEPHONE, EMAIL]

CERTIFICATE OF SERVICE

I certify that I served a copy of this motion on [NAME AND ADDRESS OF EACH PARTY OR ATTORNEY SERVED] by [METHOD OF SERVICE] on [DATE].

[SIGNATURE] [PRINTED NAME]

Georgia Requirements for Motion to Quash

Do Not Ignore the Subpoena
A subpoena must be obeyed unless it is objected to or quashed or modified as Georgia law allows; do not ignore it while deciding how to respond.
Promptly and At or Before Compliance
The written motion must be made promptly and in any event at or before the time specified in the subpoena for compliance (O.C.G.A. § 24-13-23(b)).
Unreasonable and Oppressive Ground
The motion asks the court to quash or modify the subpoena as unreasonable and oppressive (O.C.G.A. § 24-13-23(b)(1)).
Cost Advancement Alternative
The court may condition denial of the motion on the requesting party advancing the reasonable cost of producing the evidence (O.C.G.A. § 24-13-23(b)(2)).
Deposition Document Objection Is Separate
A written objection may be served on the attorney designated in the subpoena within 10 days after service, or by the compliance time if that is under 10 days after service; it suspends inspection or copying absent a court order (O.C.G.A. § 9-11-45(a)(2)).
Protective Order Alternative
The motion may also seek a protective order against annoyance, embarrassment, oppression, or undue burden or expense (O.C.G.A. § 9-11-26(c)).
Out-of-State Subpoenas Under UIDDA
Georgia's UIDDA is O.C.G.A. §§ 24-13-110 to 24-13-116; § 24-13-116 addresses quashing or modification of a foreign subpoena.
Certificate of Service
The motion ends with a signature and a certificate of service on each party or attorney served.

Frequently Asked Questions

What is the deadline to move to quash a subpoena for documents in Georgia?

What is the Georgia ground for quashing a subpoena?

Do I have to obey a Georgia subpoena while my motion is pending?

Is a written objection the same as a motion to quash in Georgia?

Can a Georgia court make the requesting party pay for production?

Which Georgia court hears a motion to quash a subpoena?

Does Georgia require a conference with the other side before moving to quash?

How does Georgia handle a subpoena from another state?

What happens if someone misuses a subpoena in Georgia?

Find out where you stand in Georgia

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Quash Template with DocDraft

Georgia Requirements for Motion to Quash

Do Not Ignore the Subpoena

Promptly and At or Before Compliance

Unreasonable and Oppressive Ground

Cost Advancement Alternative

Deposition Document Objection Is Separate

Protective Order Alternative

Out-of-State Subpoenas Under UIDDA

Certificate of Service

Frequently Asked Questions