Idaho Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   A subpoena must be obeyed unless it is quashed or modified as IRCP 45(d) allows. Failure to obey without adequate excuse may be treated as contempt (IRCP 45(i)). Never simply ignore a subpoena.

2. 2

   IRCP 45(d) is Idaho's own relief-from-subpoena rule. It says only that the court, upon 'timely motion,' may quash or modify. It gives no day count, so move as early as you can and well before the compliance date.

3. 3

   For a subpoena for documents served on a non-party, the serving party must serve a copy on the opposing party at least 7 days before serving the third party, unless the court specifies otherwise (IRCP 45(c)(2)(A)).

4. 4

   The grounds, as the rule words them: the subpoena is unreasonable, oppressive, fails to allow time for compliance, requires disclosure of privileged or other protected matter and no exception or waiver applies, or subjects a person to undue burden (IRCP 45(d)).

5. 5

   The court may also condition compliance on prepayment of the reasonable cost of production (IRCP 45(d)(2)). A resident can be required to attend a deposition only in the county where they reside, are employed or transact business in person (IRCP 45(f)(2)).

6. 6

   IRCP 45(d) has no conferral requirement of its own. A motion for a protective order under IRCP 26(c)(1) must include a certification that the movant has in good faith conferred, or tried to confer, with other affected parties to resolve the dispute without court action.

7. 7

   For a subpoena from another state, IRCP 45(j) (Idaho's UIDDA provision) has the party submit it to the clerk in the county where discovery is sought. The challenge is a petition to quash or modify, made promptly and at or before the time for compliance (IRCP 45(j)(6)(B)), and Idaho law governs.

Idaho Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  A subpoena must be obeyed unless quashed or modified as IRCP 45(d) allows; failure to obey without adequate excuse may be contempt (Idaho IRCP 45(i)).

• Timely Motion Under Rule 45(d)

  The court, upon timely motion, may quash or modify the subpoena. The rule sets no day count (Idaho IRCP 45(d)).

• Grounds Stated as the Rule Words Them

  Unreasonable, oppressive, fails to allow time for compliance, privileged or other protected matter with no exception or waiver, or undue burden, stated in the alternative (Idaho IRCP 45(d)).

• 7-Day Advance Copy for Non-Party Records

  A copy of a non-party records subpoena must be served on the opposing party at least 7 days before service on the third party, unless the court specifies otherwise (Idaho IRCP 45(c)(2)(A)).

• Conferral Certification for Protective Orders

  A protective-order motion must certify good-faith conferral, or an attempt to confer, with other affected parties (Idaho IRCP 26(c)(1)). Rule 45(d) has no conferral requirement of its own.

• Prepayment of Production Cost

  The court may condition compliance on prepayment of the reasonable cost of production (Idaho IRCP 45(d)(2)).

• County Limit on Deposition Attendance

  A resident can be required to attend a deposition only in the county where they reside, are employed or transact business in person (Idaho IRCP 45(f)(2)).

• Foreign Subpoena Petition (UIDDA)

  A foreign subpoena goes to the clerk in the county where discovery is sought; a petition to quash or modify is made promptly and at or before the time for compliance, in the county where discovery is conducted or where the deponent resides, is employed or transacts business (Idaho IRCP 45(j)).