Missouri Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   A deposition subpoena for documents must be obeyed unless it is objected to or quashed or modified as Rule 57.09 allows. Failure to obey without adequate excuse may be treated as contempt (R. 57.09(f)). Never simply ignore a subpoena.

2. 2

   A Missouri document subpoena is valid only in conjunction with a deposition noticed under Rule 57.03 (R. 57.09(b)). A non-party document subpoena must be served not fewer than 10 days before the time for compliance (R. 57.09(c)).

3. 3

   A non-party's written objection must be served on all parties within 10 days after service of the subpoena or before the time specified for compliance, whichever is earlier. A timely objection bars inspection and copying absent a court order (R. 57.09(c)).

4. 4

   A written objection and a motion to quash are different steps. The issuing party may move to compel at any time on notice, and the court may quash or modify under R. 57.09(b).

5. 5

   The court may quash or modify the subpoena if it is unreasonable or oppressive, or require the party who issued and served it to advance the reasonable cost of producing the books, papers, documents, or tangible things (R. 57.09(b)). The objection must state specific reasons.

6. 6

   A party who objects to the subpoena may seek a protective order under Rule 56.01(c) (R. 57.09(c)). The party or attorney who issues and serves a subpoena must take reasonable steps to avoid imposing undue burden or expense on a non-party (R. 57.09).

7. 7

   A copy of a non-party subpoena must be provided to every party as if a pleading. On any party's request the custodian gives a business records affidavit, and production is at the deposition unless all parties agree otherwise (R. 57.09(c)).

Missouri Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  Failure to obey without adequate excuse may be contempt (Mo. Sup. Ct. R. 57.09(f)); object or move as the rule allows.

• 10-Day Written Objection Window

  A non-party serves a written objection on all parties within 10 days after service or before the time specified for compliance, whichever is earlier (R. 57.09(c)).

• Objection Is Not a Motion

  A timely objection bars inspection and copying absent a court order; a motion to quash or modify under R. 57.09(b) is a separate filing.

• Unreasonable or Oppressive Grounds

  The motion states in the alternative that the subpoena is unreasonable or oppressive, and may add the issuer's failure to avoid undue burden or expense on a non-party (R. 57.09).

• Advance of Production Cost

  The court may require the issuing party to advance the reasonable cost of producing the books, papers, documents, or tangible things (R. 57.09(b)).

• Service 10 Days Before Compliance

  A non-party document subpoena must be served not fewer than 10 days before the time for compliance, and a copy goes to every party as if a pleading (R. 57.09(c)).

• Deposition Tie and Production

  A document subpoena is valid only with a deposition noticed under Rule 57.03; a business records affidavit is available on any party's request (R. 57.09(b), (c)).

• Party Protective Order

  A party objecting to the subpoena may seek a protective order under Rule 56.01(c) (R. 57.09(c)).