Massachusetts Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   A subpoena must be obeyed unless it is quashed or modified as Mass. R. Civ. P. 45 allows; a timely written objection to a documents subpoena bars inspection absent a court order. Failure without adequate excuse to obey a subpoena may be deemed contempt (Rule 45(g)). Never simply ignore one.

2. 2

   The court may quash or modify a subpoena on a motion made promptly and in any event at or before the time specified in the subpoena for compliance, if it is unreasonable and oppressive (Rule 45(b)). Massachusetts words the ground this way, not as the federal list of reasons.

3. 3

   A person commanded to produce documents or tangible things, or to permit inspection, may serve written objection on the party or attorney designated in the subpoena within 10 days after service, or on or before the compliance time if that is less than 10 days after service (Rule 45(c)). An objection bars inspection absent a court order.

4. 4

   A written objection and a motion to quash are separate steps with separate triggers. The objection window is 10 days after service (or an earlier compliance time); the motion must be made promptly and at or before the compliance time.

5. 5

   Other grounds: Rule 26(c) allows a protective order against annoyance, embarrassment, oppression, or undue burden or expense; Rule 45(f)(2) covers privilege and trial-preparation protection, with no privilege log required of a non-party unless agreed or ordered; Rule 45(d)(2) limits travel for a non-trial examination or production to 50 airline miles for residents.

6. 6

   The court may condition denial of the motion on the issuing party advancing the reasonable cost of producing the documents (Rule 45(b)). A documents subpoena directed to a party allows at least 30 days to comply, and a defendant gets 45 days after service of the summons and complaint (Rule 45(c)).

7. 7

   A copy of a documents-only pre-trial subpoena must be served on each party before it is served on the recipient, and the serving party must give each party a copy of any objection and notice of any production, or a copy of the production (Rule 45(c)). Check the court's own rules for any conference requirement before filing.

Massachusetts Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  Failure without adequate excuse to obey a subpoena may be deemed contempt (Mass. R. Civ. P. 45(g)); obey it unless it is quashed or modified as the rule allows; a written objection to a documents subpoena bars inspection absent a court order.

• Motion Made Promptly and Before Compliance

  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 (Mass. R. Civ. P. 45(b)).

• 10-Day Written Objection Window

  A documents recipient may serve written objection within 10 days after service, or on or before the compliance time if that is less than 10 days after service (Mass. R. Civ. P. 45(c)).

• Objection Is Not a Motion

  A written objection under Rule 45(c) bars inspection absent a court order; a motion under Rule 45(b) is a separate request to the court with its own timing.

• Unreasonable and Oppressive Ground

  The court may quash or modify a subpoena that is unreasonable and oppressive (Mass. R. Civ. P. 45(b)).

• Protective Order and Privilege

  A protective order may address annoyance, embarrassment, oppression, or undue burden or expense (Rule 26(c)); privilege and trial-preparation protection are covered by Rule 45(f)(2).

• Production Cost Condition

  The court may condition denial of the motion on the issuing party advancing the reasonable cost of producing the documents (Mass. R. Civ. P. 45(b)).

• Copies to All Parties

  A documents-only pre-trial subpoena is served on each party before the recipient, and each party is served with a copy of any objection and a notice of any production made, or a copy of the production (Mass. R. Civ. P. 45(c)).

• 50 Airline Mile Limit

  Residents need not travel more than 50 airline miles from residence, workplace or business for a non-trial examination or production (Mass. R. Civ. P. 45(d)(2)).