Mississippi Motion to Quash a Subpoena

Q: How long do I have to object to a subpoena in Mississippi?

For production or inspection, a written objection may be served on the party serving the subpoena within ten days after service, or on or before the time specified in the subpoena for compliance if that time is less than ten days after service (Miss. R. Civ. P. 45(d)(2)(B)).

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

No. A written objection under Rule 45(d)(2)(B) is served on the party who served the subpoena, and it blocks inspection absent a court order. A motion to quash or modify under Rule 45(d) is a separate request to the court.

Q: What is the deadline for a motion to quash in Mississippi?

Under Rule 45(d)(2)(C), the motion is made promptly and at or before the time specified in the subpoena for compliance. Rule 45(d)(1) speaks of a timely motion.

Q: What are the grounds to quash a subpoena in Mississippi?

On timely motion, the court shall quash or modify a subpoena that (i) fails to allow reasonable time for compliance, (ii) requires disclosure of privileged or other protected matter with no exception or waiver, (iii) designates an improper place for examination, or (iv) subjects a person to undue burden or expense (Rule 45(d)(1)(A)). Rule 45(d)(2)(C) also refers to a subpoena that is unreasonable or oppressive.

Q: Which Mississippi court hears a motion to quash?

The court from which the subpoena was issued, which is the court where the action is pending. For a subpoena issued by a clerk for foreign litigation, the application goes to the issuing court in the county in which discovery is to be conducted (Rule 45(a)(3)).

Q: How does Mississippi handle a subpoena from another state's case?

Under Rule 45(a)(3), the clerk of court in the county where discovery is sought issues a subpoena incorporating the terms of the foreign subpoena. A motion to quash, modify or for a protective order is submitted to that issuing court in that county.

Q: How many days must a Mississippi production subpoena allow?

A subpoena for production must allow not less than ten days to comply, and no production may be required before the tenth day after service. This is noted on the face of the subpoena (Rule 45(d)(2)(A)).

Q: Must I obey a Mississippi subpoena while I decide what to do?

Yes. A subpoena must be obeyed unless it is objected to or quashed or modified as Rule 45 allows. A written objection covers production or inspection only, so do not simply ignore it.

Q: Does Mississippi require a conference before a motion to quash?

Rule 45 does not itself set a meet-and-confer step before moving to quash. Check the court's local rules and the judge's practices, and file on time.

Rule 45(d): object to production in ten days or by earlier compliance; move promptly, by compliance.

Find out where you stand in Mississippi

What kind of subpoena are you dealing with?

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Introduction

Miss. R. Civ. P. 45(d) governs. A written objection to production or inspection may be served within ten days after service, or by the compliance time if sooner. A motion to quash is made promptly and at or before compliance. Never ignore a subpoena.

Key Things to Know

1
Unless a subpoena is objected to or quashed or modified as Miss. R. Civ. P. 45 allows, it must be obeyed. Never simply ignore it. A written objection covers production or inspection only.
2
Mississippi's rule is Miss. R. Civ. P. 45(d), Protection of Persons Subject to Subpoenas. A production subpoena must allow not less than ten days to comply, and no production may be required before the tenth day after service (Rule 45(d)(2)(A)).
3
A written objection to production or inspection may be served within ten days after service, or on or before the compliance time if that is less than ten days after service. It is served on the party serving the subpoena (Rule 45(d)(2)(B)).
4
A written objection and a motion to quash are different steps. The objection blocks inspection absent a court order; the motion is made promptly and at or before the time specified for compliance (Rule 45(d)(2)(C)).
5
On timely motion the court shall quash or modify a subpoena that (i) fails to allow reasonable time for compliance, (ii) requires privileged or other protected matter with no exception or waiver, (iii) designates an improper place for examination, or (iv) imposes undue burden or expense (Rule 45(d)(1)(A)).
6
The motion goes to the court from which the subpoena issued. For foreign-litigation subpoenas, the county clerk issues a subpoena incorporating the foreign terms, and motions go to the issuing court in the county where discovery is conducted (Rule 45(a)(3)).
7
Attorneys admitted in Mississippi (or pro hac vice) and counsel of record may issue subpoenas, and a copy must be immediately served on every party (Rule 45(a)(4)-(5)). Under Rule 45(f), on a showing of bad faith or unreasonable annoyance, embarrassment or oppression, the court shall quash and may impose a sanction.

Key decisions before you file

Before you file a Motion to Quash in Mississippi, 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 FROM WHICH THE SUBPOENA ISSUED] OF [COUNTY] COUNTY, MISSISSIPPI

[PLAINTIFF NAME], Plaintiff,

v. CIVIL ACTION NO. [CASE NUMBER]

[DEFENDANT NAME], Defendant.

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

Movant [MOVANT NAME] is [A NON-PARTY OR A PARTY] to this action and the person to whom a subpoena was directed. Under Rule 45(d) of the Mississippi Rules of Civil Procedure, Movant moves this Court, the court from which the subpoena was issued, to quash or modify the subpoena described below.

THE SUBPOENA

On [DATE OF ISSUE], [NAME OF ISSUING ATTORNEY OR PARTY] issued a subpoena to Movant, served on [DATE OF SERVICE], commanding [APPEARANCE FOR EXAMINATION, PRODUCTION OR INSPECTION 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 made promptly and at or before the time specified for compliance. [IF APPLICABLE: Movant served written objection to production or inspection on [DATE OF OBJECTION] on [PARTY OR ATTORNEY SERVING THE SUBPOENA].]

GROUNDS

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

[IF APPLICABLE: (a) The subpoena fails to allow reasonable time for compliance. FACTS: [FACTS].]

[IF APPLICABLE: (b) The subpoena requires disclosure of privileged or other protected matter, and no exception or waiver applies. PRIVILEGE OR PROTECTION AND FACTS: [PRIVILEGE AND FACTS].]

[IF APPLICABLE: (c) The subpoena designates an improper place for examination. FACTS: [FACTS].]

[IF APPLICABLE: (d) The subpoena subjects Movant to undue burden or expense. FACTS: [FACTS].]

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

RELIEF REQUESTED

Movant asks the Court to (a) quash the subpoena; (b) in the alternative, modify it as follows: [REQUESTED MODIFICATION]; [IF APPLICABLE: (c) enter a protective order as follows: [TERMS OF PROTECTIVE ORDER];] and (d) grant any other relief the Court finds proper.

Dated: [DATE]

Respectfully submitted,

[MOVANT NAME]

By: ______________________________ [NAME, MISSISSIPPI BAR NO. OR PRO SE] [ADDRESS] [TELEPHONE] | [EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of this motion on [NAME AND ADDRESS OF EACH PARTY OR COUNSEL OF RECORD, AND THE PARTY OR ATTORNEY WHO SERVED THE SUBPOENA] by [METHOD OF SERVICE].

[NAME]

Mississippi 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 Miss. R. Civ. P. 45 allows; a written objection covers production or inspection only.
Ten-Day Written Objection Window
Written objection to production or inspection within ten days after service, or on or before the compliance time if that is less than ten days after service (Rule 45(d)(2)(B)).
Motion Timing
A motion to quash is made promptly and at or before the time specified for compliance (Rule 45(d)(2)(C)); it is separate from a written objection.
Grounds in Rule 45(d)(1)(A)
State grounds in the alternative: unreasonable time, privileged or protected matter, improper place for examination, undue burden or expense; Rule 45(d)(2)(C) adds unreasonable or oppressive.
Ten-Day Minimum for Production
A production subpoena must allow not less than ten days to comply and may not require production before the tenth day after service (Rule 45(d)(2)(A)).
Issuing Court and Foreign Subpoenas
The motion goes to the court from which the subpoena issued; for foreign-litigation subpoenas, to the issuing court in the county where discovery is conducted (Rule 45(a)(3)).
Copy to All Parties
A copy of an issued subpoena must be immediately served on every party under Rule 5 (Rule 45(a)(5)).
Sanctions Under Rule 45(f)
On a showing of bad faith or unreasonable annoyance, embarrassment or oppression, the court shall quash and may impose an appropriate sanction.

Frequently Asked Questions

How long do I have to object to a subpoena in Mississippi?

Is a written objection the same as a motion to quash in Mississippi?

What is the deadline for a motion to quash in Mississippi?

What are the grounds to quash a subpoena in Mississippi?

Which Mississippi court hears a motion to quash?

How does Mississippi handle a subpoena from another state's case?

How many days must a Mississippi production subpoena allow?

Can I be sanctioned over a Mississippi subpoena?

Must I obey a Mississippi subpoena while I decide what to do?

Does Mississippi require a conference before a motion to quash?

Find out where you stand in Mississippi

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Quash Template with DocDraft

Mississippi Requirements for Motion to Quash

Do Not Ignore the Subpoena

Ten-Day Written Objection Window

Motion Timing

Grounds in Rule 45(d)(1)(A)

Ten-Day Minimum for Production

Issuing Court and Foreign Subpoenas

Copy to All Parties

Sanctions Under Rule 45(f)

Frequently Asked Questions