Michigan Motion to Quash a Subpoena

Q: What is the deadline to move to quash a subpoena in Michigan?

MCR 2.305(A)(4) and MCR 2.506(H)(5) require a party's motion to be filed before the time specified in the subpoena for compliance and served on the non-party. The non-party's obligation to respond is then stayed until the motion is resolved.

Q: How much time must a Michigan subpoena give me to comply?

Under MCR 2.305(A)(3), a subpoena must allow a minimum of 14 days after service.

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

No. Under MCR 2.506(H)(4), timely written objections stay the obligation to produce documents. A motion to quash or modify under MCR 2.305(A)(4) is a separate filing asking the court to act.

Q: What are the grounds to quash or modify a subpoena in Michigan?

Under MCR 2.305(A)(4) the court may quash or modify a subpoena if it is unreasonable or oppressive, enter an order permitted by MCR 2.302(C), or conditionally deny the motion on prepayment by the issuing party of the reasonable cost of production. MCR 2.302(C) looks to good cause to protect from annoyance, embarrassment, oppression, or undue burden or expense.

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

Under MCR 2.305(A)(4), the court in which the action is pending or the court in which the subpoena is served. MCR 2.302(C) refers to the court where the action is pending.

Q: Does a Michigan organization have a separate objection deadline?

Yes. Under MCR 2.305(A)(6), a subpoenaed entity may, no later than 10 days after being served, serve objections or file a motion for protective order. That subpoena must be served at least 14 days before the deposition.

Q: How does Michigan handle a subpoena from another state's court?

MCR 2.305(E) provides that a subpoena for an out-of-state action is issued under the Uniform Interstate Depositions and Discovery Act, MCL 600.2201 et seq.

Q: Do I have to confer with the other side before moving to quash in Michigan?

This page does not set out a conference rule for a subpoena motion. Check the local rules of the court hearing the motion. MCR 2.302(C) does call for reasonable notice of the motion.

Q: Are medical records subpoenas treated differently in Michigan?

MCR 2.506(I) sets a hospital-specific procedure: hospital medical records may be delivered to the clerk with a sworn certificate, sealed. This page does not address notice rules for other kinds of records.

Q: Can I be ordered to pay expenses on a Michigan protective-order motion?

MCR 2.302(C) provides that MCR 2.313(A)(5) applies to the award of expenses on the protective-order motion.

MCR 2.305(A)(4): a party's timely motion, served on the non-party, stays the non-party's duty.

Find out where you stand in Michigan

What kind of subpoena are you dealing with?

DocDraft provides document preparation, not legal advice.

Introduction

Michigan MCR 2.305(A)(4) governs. A party's motion to quash or modify must be filed before the compliance time in the subpoena and served on the non-party; the non-party's duty to respond is then stayed until it is resolved. Never ignore a subpoena.

Key Things to Know

1
A subpoena must be obeyed unless it is objected to or quashed or modified as the Michigan court rules allow. Never simply ignore one; a party's motion filed in time and served on the non-party stays a non-party's duty to respond, but only until it is resolved (MCR 2.305(A)(4)).
2
A party's motion to quash or modify is brought under MCR 2.302(C) and must be filed before the time specified in the subpoena for compliance, then served on the non-party. Filing in time and serving the non-party stays the non-party's obligation to respond until the motion is resolved (MCR 2.305(A)(4); MCR 2.506(H)(5)).
3
A subpoena must allow a minimum of 14 days after service (MCR 2.305(A)(3)). A subpoenaed organization may, no later than 10 days after being served, serve objections or file a motion for protective order (MCR 2.305(A)(6)).
4
A written objection and a motion to quash are different steps. Timely written objections stay the obligation to produce documents (MCR 2.506(H)(4)); a motion under MCR 2.305(A)(4) asks the court to quash or modify.
5
The court may quash or modify a subpoena if it is unreasonable or oppressive, enter an order permitted by MCR 2.302(C), or conditionally deny the motion on prepayment by the issuing party of the reasonable cost of production (MCR 2.305(A)(4)). MCR 2.302(C) looks to good cause to protect from annoyance, embarrassment, oppression, or undue burden or expense.
6
The motion may go to the court in which the action is pending or the court in which the subpoena is served (MCR 2.305(A)(4)). MCR 2.302(C) calls for reasonable notice of the motion, and MCR 2.313(A)(5) applies to the award of expenses on a protective-order motion.
7
A subpoena for an out-of-state action is issued under the Uniform Interstate Depositions and Discovery Act, MCL 600.2201 et seq. (MCR 2.305(E)). Hospital medical records have their own delivery procedure under MCR 2.506(I). This page does not point to an official statewide motion form.

Key decisions before you file

Before you file a Motion to Quash in Michigan, 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 [NAME OF COURT WHERE THE ACTION IS PENDING OR WHERE THE SUBPOENA WAS SERVED] [COUNTY] COUNTY, MICHIGAN

[PLAINTIFF NAME], Plaintiff,

v Case No. [CASE NUMBER] Hon. [JUDGE NAME] [DEFENDANT NAME], Defendant.

[MOVANT NAME]'S MOTION TO QUASH OR MODIFY SUBPOENA

Movant [MOVANT NAME] is [PLAINTIFF OR DEFENDANT], a party to this action. Under MCR 2.305(A)(4) and MCR 2.302(C), Movant moves to quash or modify the subpoena described below.

THE SUBPOENA

On [DATE OF ISSUE], [NAME OF ISSUING PARTY OR ATTORNEY] issued a subpoena to [PERSON SUBPOENAED], served on [DATE OF SERVICE], commanding [APPEARANCE AT DEPOSITION, PRODUCTION 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 filed before the time for compliance specified in the subpoena. [IF APPLICABLE: Movant served written objections on [DATE OF OBJECTIONS].]

GROUNDS

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

[IF APPLICABLE: (a) The subpoena is unreasonable or oppressive. STATE FACTS: [FACTS].]

[IF APPLICABLE: (b) Good cause exists under MCR 2.302(C) to protect Movant from annoyance, embarrassment, oppression, or undue burden or expense. STATE FACTS: [FACTS].]

[IF APPLICABLE: (c) In the alternative, compliance should be conditioned on prepayment by the issuing party of the reasonable cost of production, in the amount of [AMOUNT].]

RELIEF REQUESTED

Movant asks the Court to (a) quash the subpoena; (b) in the alternative, modify it as follows: [REQUESTED MODIFICATION]; (c) [IF APPLICABLE: enter an order under MCR 2.302(C) limiting [SCOPE]]; and (d) grant any other relief the Court finds proper.

Respectfully submitted,

[SIGNATURE] [NAME OF MOVANT OR ATTORNEY] [BAR NUMBER, IF AN ATTORNEY] [ADDRESS] [PHONE] [EMAIL]

Dated: [DATE]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE OF THIS MOTION], a copy of this motion and notice of hearing was served on [EACH PARTY OR COUNSEL OF RECORD AND THE ISSUING PARTY] and on the non-party subpoenaed, [NAME OF NON-PARTY SUBPOENAED], by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

Michigan 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 the rules allow; a party's motion filed before the compliance time and served on the non-party stays a non-party's duty to respond until it is resolved (Michigan MCR 2.305(A)(4)).
File Before the Compliance Time
The motion to quash or modify is filed under MCR 2.302(C) before the time specified in the subpoena and served on the non-party (Michigan MCR 2.305(A)(4); MCR 2.506(H)(5)).
14-Day Minimum and 10-Day Entity Window
A subpoena must allow at least 14 days after service; a subpoenaed entity may serve objections or file a motion for protective order no later than 10 days after service (Michigan MCR 2.305(A)(3), (A)(6)).
Objection Is Not a Motion
Timely written objections stay the obligation to produce documents, while a motion to quash or modify is a separate filing (Michigan MCR 2.506(H)(4); MCR 2.305(A)(4)).
Grounds Stated in the Alternative
The motion pleads that the subpoena is unreasonable or oppressive, good cause for relief under MCR 2.302(C), and alternatively prepayment of reasonable production cost (Michigan MCR 2.305(A)(4)).
Issuing or Serving Court
The motion may be heard by the court in which the action is pending or the court in which the subpoena is served (Michigan MCR 2.305(A)(4)).
Out-of-State Subpoenas Under UIDDA
A subpoena for an out-of-state action is issued under the Uniform Interstate Depositions and Discovery Act, MCL 600.2201 et seq. (Michigan MCR 2.305(E)).
Reasonable Notice and Expenses
The motion needs reasonable notice, and MCR 2.313(A)(5) applies to the award of expenses on the protective-order motion (Michigan MCR 2.302(C)).
Hospital Records Procedure
Hospital medical records may be delivered to the clerk with a sworn certificate, sealed (Michigan MCR 2.506(I)).

Frequently Asked Questions

What is the deadline to move to quash a subpoena in Michigan?

How much time must a Michigan subpoena give me to comply?

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

What are the grounds to quash or modify a subpoena in Michigan?

Which Michigan court hears a motion to quash a subpoena?

Does a Michigan organization have a separate objection deadline?

How does Michigan handle a subpoena from another state's court?

Do I have to confer with the other side before moving to quash in Michigan?

Are medical records subpoenas treated differently in Michigan?

Can I be ordered to pay expenses on a Michigan protective-order motion?

Is there an official statewide form for a Michigan motion to quash?

I was sued in Michigan, not just subpoenaed. Is a motion to quash the right filing?

Find out where you stand in Michigan

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Quash Template with DocDraft

Michigan Requirements for Motion to Quash

Do Not Ignore the Subpoena

File Before the Compliance Time

14-Day Minimum and 10-Day Entity Window

Objection Is Not a Motion

Grounds Stated in the Alternative

Issuing or Serving Court

Out-of-State Subpoenas Under UIDDA

Reasonable Notice and Expenses

Hospital Records Procedure

Frequently Asked Questions