Iowa Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Iowa has its own subpoena rule, 1.1701, and attorneys licensed in Iowa may issue and sign subpoenas as officers of the court (1.1701(2)).

2. 2

   For a document or inspection subpoena, the written objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served (1.1701(4)(b)(2)).

3. 3

   A written objection and a motion to quash are different steps. A motion to quash or modify under 1.1701(4)(d) must be 'timely,' and the rule sets no fixed day count for it.

4. 4

   On timely motion, the issuing court must quash or modify a subpoena that (1) fails to allow a reasonable time to comply; (2) requires a person who is neither a party nor a party's officer to travel more than 50 miles; (3) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (4) subjects a person to undue burden (1.1701(4)(d)).

5. 5

   The rule also lists permissive grounds: trade secret or confidential commercial information, an unretained expert's opinion, and substantial expense to travel more than 50 miles to attend trial (1.1701(4)(d)). Check the rule text for the exact conditions.

6. 6

   Before a pre-trial document or inspection subpoena is served, the issuing side must give notice to each party (1.1701(3)(a)). A motion for a protective order must include a certification of a good-faith personal conference (1.504(3)), and the rule 1.501(3) comment says the same for all discovery motions; 1.1701 does not say whether that applies to a motion to quash.

7. 7

   A subpoena from another state is handled under Iowa R. Civ. P. 1.1702 (Uniform Interstate Depositions and Discovery). A motion to quash, modify or for a protective order goes to the court in the county where discovery is to be conducted (1.1702(6)). A $50 filing fee applies if no file is open.

Iowa Requirements for Motion to Quash

• Written Objection Deadline

  For a document or inspection subpoena, the objection must be served before the earlier of the time specified for compliance or 14 days after service (Iowa R. Civ. P. 1.1701(4)(b)(2)).

• Timely Motion to Quash or Modify

  The motion is a separate step from the written objection and must be 'timely'; the rule sets no fixed day count (Iowa R. Civ. P. 1.1701(4)(d)).

• Grounds in Rule 1.1701(4)(d)

  State grounds in the alternative: unreasonable time, travel over 50 miles for a person who is neither a party nor a party's officer, privileged or protected matter, or undue burden; permissive grounds are stated separately (Iowa R. Civ. P. 1.1701(4)(d)).

• Good-Faith Conference Certification

  A motion for a protective order must include a certification of a good-faith personal conference with its date and time (Iowa R. Civ. P. 1.504(3)).

• Notice to Each Party

  Pre-trial document or inspection subpoenas require notice to each party before service (Iowa R. Civ. P. 1.1701(3)(a)).

• Issuing Court and Foreign Subpoena Venue

  The motion goes to the issuing court; for a foreign subpoena, to the Iowa court in the county where discovery is conducted (Iowa R. Civ. P. 1.1701(4)(d), 1.1702(6)).

• Sanctions for Undue Burden

  The issuing court must impose an appropriate sanction, which may include lost earnings and reasonable attorney's fees, on a party or attorney who fails to avoid undue burden (Iowa R. Civ. P. 1.1701(4)(a)).