Maine 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 Rule 45 allows. Rule 45(f) provides for contempt for noncompliance. Never simply ignore a subpoena.

2. 2

   A written objection to production is due within 14 days after service, or before the time for compliance if that is under 14 days (M.R. Civ. P. 45(c)(2)(B)). The objection bars production absent a court order.

3. 3

   A written objection and a motion to quash are different steps. The motion is brought under Rule 45(c)(3), which applies on 'timely motion' to the court for which the subpoena was issued.

4. 4

   Each party must get prior notice at least 14 days before the response date. For a discovery or pretrial subpoena, a party has 7 days to object and arrange for the court to decide the objection (Rule 45(b)(1)).

5. 5

   Rule 45(e) routes a discovery or pretrial subpoena motion through Rule 26(g): no written motion without the judge's prior approval. Confer in good faith first. Rule 26(g) then calls for a hearing request to the clerk by letter; confirm current practice with the clerk. Trial or hearing subpoena objections go first to the presiding judge.

6. 6

   Rule 45(c)(3)(A) requires the court to quash or modify if the subpoena fails to allow reasonable time, requires travel beyond the county of residence or employment or 100 miles one way, requires privileged or other protected matter with no exception or waiver, or subjects a person to undue burden. Rule 45(c)(3)(B) adds discretionary grounds: trade secret or confidential commercial information, unretained expert opinion, and substantial expense to travel more than 100 miles to trial.

7. 7

   A subpoena from another state goes through Maine's UIDDA, 14 M.R.S. ch. 15. Under section 406, an application to quash or modify goes to the District Court in the district or Superior Court in the county where discovery is conducted. Under Rule 45(c)(1), the court shall impose an appropriate sanction on a party or attorney who breaches the duty to avoid undue burden.

Maine Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  A subpoena must be obeyed unless objected to or quashed or modified as Rule 45 allows; Rule 45(f) provides for contempt for noncompliance (M.R. Civ. P. 45).

• 14-Day Written Objection Window

  A written objection to production is due within 14 days after service, or before the compliance time if that is under 14 days; it bars production absent a court order (M.R. Civ. P. 45(c)(2)(B)).

• Objection Is Not a Motion

  A written objection under Rule 45(c)(2)(B) is separate from a timely motion to quash or modify under Rule 45(c)(3), which goes to the court for which the subpoena was issued.

• Grounds in Rule 45(c)(3)

  The motion states grounds in the alternative: unreasonable time, travel limits, privileged or protected matter, undue burden (45(c)(3)(A)); trade secret, unretained expert opinion, travel expense (45(c)(3)(B)).

• Rule 26(g) Approval and Conference

  For a discovery or pretrial subpoena, no written motion without the judge's prior approval; confer in good faith, and confirm with the clerk how to request a hearing (M.R. Civ. P. 45(e), 26(g)).

• 14-Day Notice and 7-Day Objection

  Each party gets prior notice at least 14 days before the response date and has 7 days to object to a discovery or pretrial subpoena and arrange for the court to decide it (M.R. Civ. P. 45(b)(1)).

• Issuing Court and UIDDA Venue

  The motion goes to the court for which the subpoena was issued; for a foreign subpoena, to the District Court in the district or Superior Court in the county where discovery is conducted (14 M.R.S. 406).

• Sanctions for Undue Burden and Contempt

  The court shall sanction a party or attorney who breaches the duty to avoid undue burden, including lost earnings and attorney fees; contempt applies to noncompliance (M.R. Civ. P. 45(c)(1), 45(f)).