Kentucky Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   A subpoena must be obeyed unless it is objected to or quashed or modified as the rule allows. Kentucky has its own rule, Ky. R. Civ. P. (CR) 45, not a copy of the federal rule. Never simply ignore a subpoena.

2. 2

   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' (CR 45.02). Waiting until the compliance date is not a safe plan, because the motion must also be prompt.

3. 3

   For a subpoena for documents or inspection, a written objection may be served within 10 days after service, or on or before the compliance time if that is less than 10 days after service. It goes to the attorney or pro se party designated in the subpoena (CR 45.04(2)).

4. 4

   A written objection and a motion to quash are different steps. An objection stays production absent a court order, and the serving party must then move on notice (CR 45.04(2)). A motion under CR 45.02 asks the court to quash or modify.

5. 5

   The CR 45.02 ground is that the subpoena is 'unreasonable and oppressive.' The court may instead deny relief on condition that the reasonable cost of production is advanced. A documents subpoena is limited to the CR 26.02 scope and is subject to CR 26.03 (CR 45.04(1)).

6. 6

   CR 26.03(1) allows a protective order, for good cause shown, against annoyance, embarrassment, oppression, or undue burden or expense. This page does not point to a conference requirement in CR 45 or CR 26.03, and local rules may differ.

7. 7

   A resident may be required to attend an examination only in the county of residence, employment or business, or at a place fixed by court order (CR 45.04(3)). A subpoena from another state goes through the Circuit Court clerk of the county where discovery is sought under KRS 421.360, and motions go to the Circuit Court of that county.

Kentucky 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 Kentucky CR 45 allows; a written objection under CR 45.04(2) to a subpoena for documents or inspection stays production absent a court order.

• 10-Day Written Objection Window

  Written objection to a documents or inspection subpoena may be served within 10 days after service, or on or before the compliance time if that is less than 10 days after service, served on the designated attorney or pro se party (Ky. CR 45.04(2)).

• Prompt Motion at or Before Compliance

  The motion must be made promptly and in any event at or before the time specified in the subpoena for compliance (Ky. CR 45.02).

• Unreasonable and Oppressive Ground

  The motion states that the subpoena is unreasonable and oppressive, and, for a documents subpoena, may add CR 26.03 grounds of annoyance, embarrassment, oppression, or undue burden or expense, as labelled alternatives (Ky. CR 45.02, 45.04(1)).

• Cost-Advancement Condition

  The court may condition denial of the motion on advancement of the reasonable cost of production, so the relief section can ask for that condition (Ky. CR 45.02).

• Circuit Court and UIDDA Venue

  The motion goes to the circuit court from which the subpoena issued; for a foreign subpoena, to the Circuit Court of the county where discovery is sought (Ky. CR 45.04(2); KRS 421.360).

• Notice of Subpoena to Parties

  A copy of every subpoena must be certified to the opposing party and any person whose information is requested, and non-trial subpoenas are served on each party (Ky. CR 45.01(1), 45.03(3)).

• County Limit on Attending Examination

  A resident may be required to attend an examination only in the county of residence, employment or business, or at a place fixed by court order (Ky. CR 45.04(3)).

• If a Protective Order Is Denied

  If a protective order is denied, the court may order discovery (Ky. CR 26.03(2)). Separately, on a CR 45.02 motion to quash or modify, the court may condition denial on advancement of the reasonable cost of production.