Skip to content

Indiana Motion to Quash a Subpoena

Trial Rule 45(B): move promptly, at or before compliance. Rule 34(G) sets 10 and 20 day steps.

Find out where you stand in Indiana

What kind of subpoena are you dealing with?

DocDraft provides document preparation, not legal advice.

Introduction

Indiana Trial Rule 45(B): move promptly, at or before compliance. For a non-party subpoena, an objecting party serves a written objection within 10 days and, if no agreement, moves within 20 days (Rule 34(G)(3)). A non-party may object within 30 days.

Key Things to Know

  1. 1

    Do not ignore a subpoena. Failure to obey a subpoena without adequate excuse may be treated as contempt (Ind. Trial Rule 45(F)).

  2. 2

    Trial Rule 45(B) allows a motion made promptly and in any event at or before the time specified in the subpoena for compliance. The court may quash or modify the subpoena if it is unreasonable and oppressive.

  3. 3

    For a non-party request or subpoena, Trial Rule 34(G)(3) requires any party objecting to serve a written response within 10 days of service, stating the specific grounds and a proposed date and time to meet and confer under Rule 26(F). A non-party may object within 30 days under Trial Rule 34(G)(4)(b).

  4. 4

    A written objection and a motion to quash are separate steps. If there is no agreement after the objection, the objecting party must move to quash or modify within 20 days of the objection (Trial Rule 34(G)(3)).

  5. 5

    Trial Rule 26(C)(1) lets the court protect a person from annoyance, embarrassment, oppression, or undue burden or expense, on good cause. It applies to deposition subpoenas duces tecum through Trial Rule 45(D)(1). Under Trial Rule 45(B), the court may condition denial on advancement of the reasonable cost of production.

  6. 6

    Before a motion for protection from discovery or another motion to limit discovery, Trial Rule 26(F) requires a reasonable effort to reach agreement. The motion must recite the date, time, place, and participants, and the court may deny a motion lacking that statement.

  7. 7

    A non-party document subpoena must be served on all parties, with 10 days of advance notice before service on the non-party (1 day for a hearing or emergency) under Trial Rule 34(G)(2). Trial Rule 28(E) governs orders for out-of-state proceedings, and Trial Rule 26(C)(3) applies expense shifting to protective-order motions.

Key decisions before you file

Before you file a Motion to Quash in Indiana, 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

Indiana Requirements for Motion to Quash

  • Do Not Ignore the Subpoena

    Failure to obey a subpoena without adequate excuse may be contempt (Ind. Trial Rule 45(F)); a subpoena should not be ignored.

  • Prompt Motion at or Before Compliance

    A motion to quash or modify must be made promptly and in any event at or before the time specified in the subpoena for compliance (Ind. Trial Rule 45(B)).

  • 10-Day Party and 30-Day Non-Party Objection

    For a non-party request or subpoena, any party objecting serves a written response within 10 days of service, then must move to quash or modify within 20 days of the objection if there is no agreement (Ind. Trial Rule 34(G)(3)). A non-party may object within 30 days (Ind. Trial Rule 34(G)(4)(b)).

  • Unreasonable and Oppressive Standard

    The motion states its grounds in the alternative: the subpoena is unreasonable and oppressive (Trial Rule 45(B)), or, for a deposition subpoena duces tecum (Trial Rule 45(D)(1)), it causes annoyance, embarrassment, oppression, or undue burden or expense on good cause (Trial Rule 26(C)(1)).

  • Rule 26(F) Conference Statement

    The motion must recite the reasonable effort to reach agreement, with the date, time, place, and participants; the court may deny a motion lacking it (Ind. Trial Rule 26(F)).

  • Hearing Court and Deposition County

    A protective-order motion goes to the court where the action is pending or, for deposition matters, the court in the county where the deposition is taken (Ind. Trial Rule 26(C)(1)).

  • Advance Notice of Non-Party Subpoenas

    A non-party document subpoena must be served on all parties, with 10 days of advance notice before service on the non-party, or 1 day for a hearing or emergency (Ind. Trial Rule 34(G)(2)).

  • Out-of-State Proceedings

    An Indiana court may order a person in the state to testify or produce documents for a proceeding in an out-of-state tribunal (Ind. Trial Rule 28(E)).

  • Expense Shifting and Contempt

    Rule 37(A)(4) expense-shifting applies to protective-order motions (Trial Rule 26(C)(3)); contempt is possible for failure to obey without adequate excuse (Trial Rule 45(F)).

Frequently Asked Questions