Kansas Motion to Quash a Subpoena

Q: How long do I have to object to a subpoena in Kansas?

For a production or inspection subpoena, the written objection must be served on the issuing party before the earlier of the time specified for compliance or 14 days after the subpoena is served (K.S.A. 60-245(c)(2)(B)).

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

No. A written objection under K.S.A. 60-245(c)(2)(B) is served on the issuing party, who may then move to compel on notice. A motion to quash or modify under K.S.A. 60-245(c)(3) asks the issuing court to act and must be timely.

Q: What is the deadline to file a motion to quash in Kansas?

K.S.A. 60-245(c)(3) says the court must quash or modify on timely motion. The written-objection window is separate: before the earlier of the compliance time or 14 days after service.

Q: What are the grounds to quash a subpoena in Kansas?

The court must quash or modify a subpoena that fails to allow a reasonable time to comply, requires a non-party to go beyond the 100-mile limit, requires disclosure of privileged or other protected matter with no exception or waiver, or subjects a person to undue burden (K.S.A. 60-245(c)(3)(A)). Trade secret or confidential commercial information, an unretained expert's opinion, and substantial expense to travel more than 100 miles to trial are listed in (c)(3)(B).

Q: Do I have to confer with the other side before filing in Kansas?

K.S.A. 60-245(c) has no express conference requirement. A motion for a protective order under K.S.A. 60-226(c)(1) must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties, describing the steps taken.

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

The issuing court decides motions under K.S.A. 60-245(c). A protective order motion under K.S.A. 60-226(c)(1) goes to the court where the action is pending or, for a deposition, the district court where the deposition will be taken.

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

Under K.S.A. 60-228a, the foreign subpoena is submitted to the clerk in the county where discovery is sought, and the clerk issues a Kansas subpoena and opens a civil case file. Motions to quash, modify, or for a protective order go to the court in that county and must follow Kansas statutes.

Q: What notice must parties get before a Kansas records subpoena?

Before a pretrial production-only subpoena is served, notice must be served on each party (K.S.A. 60-245(b)). For a non-party business-records subpoena under K.S.A. 60-245a(b), the requesting party gives all parties 14 days' notice before issuance, and the subpoena may not issue if a party objects before issuance unless the court orders.

Q: Can a Kansas court sanction someone over a burdensome subpoena?

Yes. 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 or expense (K.S.A. 60-245(c)(1)).

Q: Is there an official Kansas form for a motion to quash?

This page does not name an official Kansas form for a motion to quash; the court clerk can say whether the district court offers one. The separate custodian declaration for business records refers to K.S.A. 53-601.

K.S.A. 60-245(c)(2)(B): object before the earlier of compliance or 14 days after service.

Find out where you stand in Kansas

What kind of subpoena are you dealing with?

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Introduction

Kansas K.S.A. 60-245(c) governs. A written objection to a production subpoena is due before the earlier of the compliance time or 14 days after service. A motion to quash must be timely. Obey the subpoena unless objected to or quashed as K.S.A. 60-245 allows.

Key Things to Know

1
A subpoena must be obeyed unless it is objected to or quashed or modified as K.S.A. 60-245 allows. Never simply ignore a subpoena.
2
For a production or inspection subpoena, a written objection must be served on the issuing party before the earlier of the time specified for compliance or 14 days after the subpoena is served (K.S.A. 60-245(c)(2)(B)). After an objection, the serving party may move to compel on notice.
3
A written objection and a motion to quash are separate steps. On timely motion, the issuing court must quash or modify a subpoena on the four grounds in K.S.A. 60-245(c)(3)(A) and may do so on the grounds in (c)(3)(B).
4
Mandatory grounds under K.S.A. 60-245(c)(3)(A): the subpoena fails to allow a reasonable time to comply; it exceeds the 100-mile limit for a non-party; it requires disclosure of privileged or other protected matter with no exception or waiver; or it subjects a person to undue burden.
5
Permissive grounds under K.S.A. 60-245(c)(3)(B) cover trade secret or confidential commercial information, an unretained expert's opinion, and substantial expense to travel more than 100 miles to trial.
6
Kansas has a separate non-party business-records subpoena under K.S.A. 60-245a(b). The requesting party must give all parties 14 days' notice before issuance, and if a party objects before issuance, the subpoena may not issue unless the court orders. A custodian objection also has a 14-day window. For other pretrial production-only subpoenas, notice must be served on each party first (K.S.A. 60-245(b)).
7
A motion for a protective order under K.S.A. 60-226(c)(1) must include a certification of good-faith conference and the steps taken. For a subpoena from another state, K.S.A. 60-228a (UIDDA) sends motions to quash or modify to the court in the Kansas county where discovery is sought. The issuing court must sanction a party or attorney who fails to avoid undue burden or expense (K.S.A. 60-245(c)(1)).

Key decisions before you file

Before you file a Motion to Quash in Kansas, 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

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IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS [JUDICIAL DISTRICT]

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

Case No. [CASE NUMBER] Pursuant to K.S.A. Chapter 60

[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 K.S.A. 60-245(c)(3), Movant moves this Court, the issuing court, to quash or modify the subpoena described below. [IF APPLICABLE: Movant also moves for a protective order under K.S.A. 60-226(c)(1).]

THE SUBPOENA

On [DATE OF ISSUE], [NAME OF ISSUING PARTY OR ATTORNEY] issued a subpoena to Movant, served on [DATE SUBPOENA WAS SERVED], commanding [APPEARANCE AT DEPOSITION, PRODUCTION OR INSPECTION OF DOCUMENTS, OR BOTH] on [DATE AND TIME FOR COMPLIANCE] at [PLACE OF COMPLIANCE]. A copy is attached as Exhibit A.

TIMELINESS

This motion is timely. [IF APPLICABLE: Movant served written objection to production or inspection on [PARTY OR ATTORNEY SERVED] on [DATE OF OBJECTION], before the earlier of the time specified for compliance or 14 days after the subpoena was served.]

GROUNDS

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

[IF APPLICABLE: (a) The subpoena fails to allow a reasonable time to comply. FACTS: [FACTS].]

[IF APPLICABLE: (b) The subpoena requires a non-party to travel more than 100 miles as K.S.A. 60-245(c)(3)(A) describes. FACTS: [FACTS].]

[IF APPLICABLE: (c) The subpoena requires disclosure of privileged or other protected matter, and no exception or waiver applies. PRIVILEGE OR PROTECTION AND FACTS: [PRIVILEGE AND FACTS].]

[IF APPLICABLE: (d) The subpoena subjects Movant to undue burden. FACTS: [FACTS].]

[IF APPLICABLE: (e) The subpoena requires disclosure of a trade secret or other confidential commercial information. FACTS: [FACTS].]

[IF APPLICABLE: (f) The subpoena requires disclosure of an unretained expert's opinion. FACTS: [FACTS].]

CERTIFICATION OF CONFERENCE

[IF APPLICABLE: PROTECTIVE ORDER IS REQUESTED: Under K.S.A. 60-226(c)(1), Movant certifies that Movant has in good faith conferred or attempted to confer with the other affected parties in an effort to resolve the dispute without court action. The steps taken were: [DATES, METHODS, AND PEOPLE CONTACTED].]

RELIEF REQUESTED

Movant asks the Court to: (1) quash the subpoena; (2) in the alternative, modify it as follows: [REQUESTED MODIFICATIONS]; [IF APPLICABLE: (3) enter a protective order as follows: [TERMS]]; and (4) grant any other relief the Court finds just.

Dated: [DATE]

Respectfully submitted,

[SIGNATURE] [NAME], KS Bar No. [BAR NUMBER, IF AN ATTORNEY] [ADDRESS] [TELEPHONE] | [EMAIL] [ATTORNEY FOR MOVANT OR MOVANT PRO SE]

CERTIFICATE OF SERVICE

I certify that on [DATE THIS MOTION WAS SERVED], a copy of this motion was served on [NAME AND ADDRESS OF EACH PARTY OR COUNSEL] by [METHOD OF SERVICE].

[SIGNATURE]

Kansas Requirements for Motion to Quash

Obey Unless Objected To or Quashed
A subpoena must be obeyed unless it is objected to or quashed or modified as K.S.A. 60-245 allows. Never simply ignore it.
Written Objection Window
A written objection to a production or inspection subpoena is served on the issuing party before the earlier of the compliance time or 14 days after service (K.S.A. 60-245(c)(2)(B)).
Objection Is Not a Motion
After a written objection, the serving party may move to compel on notice. A motion to quash or modify under K.S.A. 60-245(c)(3) is a separate filing and must be timely.
Grounds in K.S.A. 60-245(c)(3)
State grounds in the alternative: unreasonable time to comply, 100-mile limit for a non-party, privileged or protected matter, undue burden; and where they apply, trade secret, unretained expert opinion, or substantial expense to travel more than 100 miles to trial.
Non-Party Business Records Notice
For a non-party business-records subpoena, the requesting party gives all parties 14 days' notice before issuance, and a party objection before issuance bars issuance unless the court orders (K.S.A. 60-245a(b)).
Certification of Good-Faith Conference
A protective order motion under K.S.A. 60-226(c)(1) must certify that the movant in good faith conferred or attempted to confer with other affected parties, describing the steps taken.
Out-of-State Subpoenas
Under K.S.A. 60-228a, motions on a foreign subpoena go to the court in the Kansas county where discovery is sought and follow Kansas statutes.
Sanctions for Undue Burden
The issuing court must sanction a party or attorney who fails to avoid undue burden or expense, which may include lost earnings and reasonable attorney's fees (K.S.A. 60-245(c)(1)).

Frequently Asked Questions

How long do I have to object to a subpoena in Kansas?

Is a Kansas written objection the same as a motion to quash?

What is the deadline to file a motion to quash in Kansas?

What are the grounds to quash a subpoena in Kansas?

Do I have to confer with the other side before filing in Kansas?

Which Kansas court hears a motion to quash a subpoena?

How does Kansas handle a subpoena from another state?

What notice must parties get before a Kansas records subpoena?

Can a Kansas court sanction someone over a burdensome subpoena?

Is there an official Kansas form for a motion to quash?

Find out where you stand in Kansas

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Quash Template with DocDraft

Kansas Requirements for Motion to Quash

Obey Unless Objected To or Quashed

Written Objection Window

Objection Is Not a Motion

Grounds in K.S.A. 60-245(c)(3)

Non-Party Business Records Notice

Certification of Good-Faith Conference

Out-of-State Subpoenas

Sanctions for Undue Burden

Frequently Asked Questions