Montana Motion to Quash a Subpoena

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

No. The written objection is governed by Rule 45(d)(2)(B). A motion to quash or modify is made to the issuing court under Rule 45(d)(3). They are separate steps with separate wording on timing.

Q: What is the deadline to file a motion to quash in Montana?

Rule 45(d)(3) says the issuing court must act 'on timely motion' and gives no day count. Separately, a written objection must be served before the earlier of the compliance time or 14 days after service.

Q: What are the grounds to quash a subpoena under Montana Rule 45?

On timely motion the issuing court must quash or modify a subpoena that fails to allow a reasonable time to comply, requires a non-party to travel more than 100 miles, requires disclosure of privileged or other protected matter if no exception or waiver applies, or subjects a person to undue burden (Rule 45(d)(3)(A)). Rule 45(d)(3)(B) adds trade secret or confidential commercial information, an unretained expert's opinion, and substantial expense to travel for trial.

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

The text of Rule 45 does not include a meet-and-confer requirement. Ask the clerk of the issuing court whether local rules or the judge's practices call for a conference.

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

The issuing court (Mont. R. Civ. P. 45(d)(3)). A subpoena for documents or a deposition may command a place only within the state and within 100 miles of where the person resides or is employed (Rule 45(c)(2)(B)).

Q: How does Montana handle a subpoena issued by another state's court?

This page does not cover Montana's procedure for out-of-state subpoenas. Talk to a Montana lawyer before the compliance date.

Q: Does the other side have to tell the parties about a Montana subpoena?

Rule 45(c)(1) requires notice to all parties no less than 10 days before commanded production.

Q: Is there an official statewide form for a Montana motion to quash?

This page does not point to an official statewide form. Ask the clerk of the issuing court whether it has a form or local filing requirements.

Written objection due before the earlier of the compliance time or 14 days after service.

Find out where you stand in Montana

What kind of subpoena are you dealing with?

DocDraft provides document preparation, not legal advice.

Introduction

Mont. R. Civ. P. 45(d) governs. A written objection must be served before the earlier of the compliance time or 14 days after service. A motion to quash must be timely. Never simply ignore a subpoena.

Key Things to Know

1
Never simply ignore a subpoena. Rule 45 provides a written objection (Rule 45(d)(2)(B)) and a motion to quash or modify to the issuing court (Rule 45(d)(3)) as separate responses.
2
A written objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served (Rule 45(d)(2)(B)). Whichever date comes first controls.
3
A written objection and a motion to quash are separate steps. The motion must be made on 'timely motion' to the issuing court (Rule 45(d)(3)), and the rule gives no separate day count for it.
4
On timely motion, the issuing court must quash or modify a subpoena that: fails to allow a reasonable time to comply; requires a non-party to travel more than 100 miles; requires disclosure of privileged or other protected matter, if no exception or waiver applies; or subjects a person to undue burden (Rule 45(d)(3)(A)).
5
The rule also lists further grounds the court may act on: a trade secret or confidential commercial information, an unretained expert's opinion, and substantial expense to travel for trial (Rule 45(d)(3)(B)).
6
Montana's own timing and place rules differ from the federal text: notice to all parties no less than 10 days before commanded production (Rule 45(c)(1)), and a subpoena for documents or a deposition only at a place within the state and within 100 miles of where the person resides or is employed (Rule 45(c)(2)(B)).
7
Under Rule 45(d)(1), the issuing court must enforce the duty to avoid undue burden and impose an appropriate sanction, which may include lost earnings and reasonable attorney fees, on a party or attorney who fails to comply.

Key decisions before you file

Before you file a Motion to Quash in Montana, 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

Customize your Motion to Quash Template with DocDraft

IN THE [NAME OF COURT FROM WHICH THE SUBPOENA WAS ISSUED] [COUNTY] COUNTY, MONTANA

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

Cause No. [CAUSE NUMBER] Judge [JUDGE NAME]

[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 Montana Rule of Civil Procedure 45(d)(3), Movant moves this Court, the issuing court, to quash or modify the subpoena described below.

THE SUBPOENA

On [DATE OF ISSUE], [NAME OF ISSUING PARTY OR ATTORNEY] issued a subpoena to Movant, 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 timely. [IF APPLICABLE: Movant served a written objection under Rule 45(d)(2)(B) on [DATE OF OBJECTION], before the earlier of the time specified for compliance or 14 days after the subpoena was served.]

GROUNDS

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

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

[IF APPLICABLE: (b) Movant is a non-party and the subpoena requires travel of more than 100 miles. FACTS: [FACTS].]

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

[IF APPLICABLE: (e) The subpoena requires disclosure of a trade secret or other confidential commercial information. FACTS: [FACTS].]

[IF APPLICABLE: (f) The subpoena requires disclosure of an unretained expert's opinion. FACTS: [FACTS].]

[IF APPLICABLE: (g) The subpoena requires substantial expense to travel for trial. FACTS: [FACTS].]

CONFERENCE

[IF APPLICABLE: Before filing, Movant conferred with [NAME OF ISSUING ATTORNEY OR UNREPRESENTED PARTY] on [DATE(S)] by [METHOD] about the subpoena. The matter was not resolved.]

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 a protective order limiting [SCOPE]]; and (d) grant any other relief the Court finds proper.

Respectfully submitted,

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

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE OF THIS MOTION], a copy of this motion was served on [NAME OF EACH PARTY OR COUNSEL OF RECORD AND THE ISSUING PARTY] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

Montana Requirements for Motion to Quash

Do Not Ignore a Subpoena
Never simply ignore a subpoena. A written objection (Mont. R. Civ. P. 45(d)(2)(B)) and a motion to quash or modify (Rule 45(d)(3)) are separate responses.
Written Objection Deadline
A written objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served (Mont. R. Civ. P. 45(d)(2)(B)).
Objection Is Not a Motion
A written objection under Rule 45(d)(2)(B) is separate from a motion to quash or modify, which the issuing court decides on timely motion under Rule 45(d)(3).
Mandatory Grounds in Rule 45(d)(3)(A)
The motion states its grounds in the alternative: unreasonable time to comply; non-party travel over 100 miles; privileged or protected matter with no exception or waiver; undue burden (Mont. R. Civ. P. 45(d)(3)(A)).
Additional Grounds in Rule 45(d)(3)(B)
Trade secret or confidential commercial information, an unretained expert's opinion, and substantial expense to travel for trial may also be stated (Mont. R. Civ. P. 45(d)(3)(B)).
Ten-Day Notice and In-State Place
Notice goes to all parties no less than 10 days before commanded production, and a documents or deposition subpoena is for a place within the state and within 100 miles of residence or employment (Mont. R. Civ. P. 45(c)(1), (c)(2)(B)).
Issuing Court Hears the Motion
The motion is made to the issuing court (Mont. R. Civ. P. 45(d)(3)).
Sanctions for Undue Burden
The issuing court must impose an appropriate sanction, which may include lost earnings and reasonable attorney fees, on a party or attorney who fails to avoid undue burden (Mont. R. Civ. P. 45(d)(1)).

Frequently Asked Questions

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

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

What is the deadline to file a motion to quash in Montana?

What are the grounds to quash a subpoena under Montana Rule 45?

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

Which Montana court hears a motion to quash a subpoena?

How does Montana handle a subpoena issued by another state's court?

Does the other side have to tell the parties about a Montana subpoena?

What are the penalties in Montana for a subpoena that imposes undue burden?

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

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

Find out where you stand in Montana

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Quash Template with DocDraft

Montana Requirements for Motion to Quash

Do Not Ignore a Subpoena

Written Objection Deadline

Objection Is Not a Motion

Mandatory Grounds in Rule 45(d)(3)(A)

Additional Grounds in Rule 45(d)(3)(B)

Ten-Day Notice and In-State Place

Issuing Court Hears the Motion

Sanctions for Undue Burden

Frequently Asked Questions