Nebraska Motion to Quash a Subpoena
Neb. Ct. R. Disc. § 6-334(A)(e): 14-day written objection; motion by the earlier of two dates.
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Introduction
Neb. Ct. R. Disc. § 6-334(A)(e): serve a written objection within 14 days after service, or file a motion to quash before the compliance time or within 14 days after service, whichever is earlier.
Key Things to Know
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A subpoena must be obeyed unless it is objected to or quashed or modified as Neb. Ct. R. Disc. § 6-334(A)(e) allows. Never simply ignore it.
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Nebraska's discovery rule for subpoenas commanding nonparties to produce documents, ESI and tangible things is Neb. Ct. R. Disc. § 6-334(A). A person may serve an objection or file a motion to quash or modify.
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A written objection must be served within 14 days after service. Grounds not stated in a timely objection are waived, unless they involve privilege or work product, or good cause is shown.
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A written objection and a motion to quash are separate steps. The motion must be filed in the court where the action is pending before the compliance time or within 14 days after service, whichever is earlier, and served on all parties.
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The court must grant the motion if the subpoena fails to allow a reasonable time for compliance, requires disclosure of privileged or other protected matter with no exception or waiver, or subjects the person to undue burden.
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Other parties get notice 14 days before a nonparty document subpoena issues and may object. The subpoena must be served at least 14 days before production. Under § 6-334(A)(d)(8) the court must enforce the duty to avoid undue burden and impose an appropriate sanction.
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For a subpoena from another state, Neb. Ct. R. Disc. § 6-330(A) applies: request to the district court clerk ($75 per subpoena), and motions go to the district court for the county where discovery is conducted.
Key decisions before you file
Before you file a Motion to Quash in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Motion to Quash guide walks through them.
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Nebraska 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 Neb. Ct. R. Disc. § 6-334(A)(e) allows.
14-Day Written Objection
A written objection must be served within 14 days after service; grounds not stated in a timely objection are waived unless privilege, work product or good cause (Neb. Ct. R. Disc. § 6-334(A)(e)(1)).
Objection Is Not a Motion
The rule lets a person serve an objection or file a motion to quash or modify; the motion has its own filing deadline (Neb. Ct. R. Disc. § 6-334(A)(e)).
Earlier-Of Motion Deadline
File in the court where the action is pending before the compliance time or within 14 days after service, whichever is earlier, and serve all parties (Neb. Ct. R. Disc. § 6-334(A)(e)(2)).
Three Grounds, Stated in the Alternative
Unreasonable time to comply; privileged or protected matter with no exception or waiver; undue burden (Neb. Ct. R. Disc. § 6-334(A)(e)(2)).
Pre-Issuance Notice to Parties
All parties receive notice 14 days before issuance and may object (Neb. Ct. R. Disc. § 6-334(A)(b)-(c)); the subpoena must be served at least 14 days before production.
Home Court and UIDDA Venue
The motion goes to the court where the action is pending; for a foreign subpoena under § 6-330(A), to the district court for the county where discovery is conducted.
Sanctions for Undue Burden
The court must enforce the duty to avoid undue burden and impose an appropriate sanction, which may include lost earnings and reasonable attorney fees (Neb. Ct. R. Disc. § 6-334(A)(d)(8)).