Louisiana Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Failure to obey a subpoena without reasonable excuse may be punished as contempt (La. C.C.P. art. 1357). For a subpoena duces tecum, a written objection under art. 1354(B) shifts to the serving party the burden of moving to compel; a motion asks the court to quash or modify. Never simply ignore a subpoena.

2. 2

   Louisiana does not mirror FRCP 45. The motion to quash sits in the protective-order article, 'Protective orders; motions to quash' (La. C.C.P. art. 1426), and subpoenas duces tecum are governed by art. 1354.

3. 3

   A person served with a subpoena duces tecum may send written objections with supporting reasons within 15 days after service, or before the time specified for compliance if that time is less than 15 days after service. They go to the party or attorney designated in the subpoena (art. 1354(B)).

4. 4

   A written objection and a motion to quash are different steps. For a subpoena duces tecum, the objection shifts to the serving party the burden of moving to compel (art. 1354(B)). A motion under art. 1426(A) is made by a party or by the person from whom discovery is sought or to whom the subpoena is issued, for good cause shown.

5. 5

   Grounds: under art. 1426(A), good cause to protect from annoyance, embarrassment, oppression, or undue burden or expense; under art. 1354(A), the court may vacate or modify a subpoena that is unreasonable or oppressive; under art. 1354(F), electronically stored information that is not reasonably accessible because of undue burden or cost, though the court may still order production for good cause and allocate the cost.

6. 6

   Art. 1426(A) lets the motion go to the court where the action is pending or, for deposition and subpoena matters, to the court in the district where the deposition is taken or that issued the subpoena. A resident witness is deposed only in the parish of residence or employment (art. 1436).

7. 7

   For a subpoena from another state, La. R.S. 13:3825 (Louisiana's Uniform Interstate Depositions and Discovery Act) has the clerk of the parish where discovery is sought issue the subpoena. Motions to quash, modify or for a protective order go to the district court that issued it.

Louisiana Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  Failure to obey a subpoena without reasonable excuse may be contempt (La. C.C.P. art. 1357); for a subpoena duces tecum, a written objection shifts to the serving party the burden of moving to compel (art. 1354(B)).

• 15-Day Written Objection Window

  Written objections with supporting reasons may be sent within 15 days after service, or before the time specified for compliance if that is less than 15 days after service, to the party or attorney designated in the subpoena (La. C.C.P. art. 1354(B)).

• Objection Is Not a Motion

  A written objection to a subpoena duces tecum shifts to the serving party the burden of moving to compel (art. 1354(B)); a motion to quash under art. 1426(A) is a separate filing made for good cause shown.

• Grounds in Arts. 1426 and 1354

  The motion states its grounds in the alternative: good cause to protect from annoyance, embarrassment, oppression, or undue burden or expense (art. 1426(A)); unreasonable or oppressive subpoena (art. 1354(A)); ESI not reasonably accessible because of undue burden or cost (art. 1354(F)), subject to a good-cause order for production with cost allocation.

• Choice of Court

  The motion may go to the court where the action is pending or, for deposition and subpoena matters, the court in the district where the deposition is taken or that issued the subpoena (La. C.C.P. art. 1426(A)).

• Parish of Residence for Witness Depositions

  A resident witness is deposed only in the parish of residence or employment (La. C.C.P. art. 1436).

• UIDDA Venue for Foreign Subpoenas

  The clerk of the parish where discovery is sought issues the subpoena; motions to quash, modify or for a protective order go to the district court that issued it (La. R.S. 13:3825).

• Expenses and Sanctions

  If a motion to quash is denied, art. 1469 expenses apply (art. 1426(B)); art. 1354 provides for a motion to compel and sanctions, and art. 1354(G) for facts taken as confessed against an adverse party that fails to comply with a subpoena accompanied by a sworn statement.