Nevada Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   A subpoena must be obeyed unless it is objected to or quashed or modified as NRCP 45 allows. Do not ignore it.

2. 2

   Nevada has its own subpoena rule, NRCP 45, titled Subpoena. Subsection (c)(3) says that on timely motion, the court that issued the subpoena must quash or modify it if it meets one of the listed grounds.

3. 3

   A person who objects in writing to a production subpoena must serve the objection before the earlier of the time specified for compliance or 14 days after the subpoena is served (NRCP 45(c)(2)(B)). A written objection and a motion to quash are separate steps.

4. 4

   The mandatory grounds in NRCP 45(c)(3)(A) are: (i) the subpoena fails to allow reasonable time for compliance; (ii) it requires travel of more than 100 miles from where the person resides, is employed, or regularly transacts business in person, unless the person is commanded to attend trial within Nevada; (iii) it requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) it subjects a person to an undue burden.

5. 5

   Under NRCP 45(c)(3)(B) the court may also act where the subpoena requires disclosure of a trade secret or confidential research, development or commercial information, or an unretained expert's opinion.

6. 6

   Before a pre-trial subpoena for documents or inspection is served on the recipient, notice and a copy must be served on every party at least 7 days earlier (NRCP 45(a)(4)(A)). A party objecting on privilege or confidentiality grounds must file written objections and a Rule 26(c) protective-order motion within 7 days of that notice, and the subpoena may not be served until the court rules (NRCP 45(a)(4)(B)).

7. 7

   A protective-order motion under NRCP 26(c)(1) must include a certification that the movant conferred or attempted in good faith to confer with the other affected parties. For an out-of-state subpoena under Nevada's UIDDA (NRS 53.100 to 53.190), applications to quash or modify go to the court in the county where discovery is to be conducted (NRS 53.190).

Nevada 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 Nevada NRCP 45 allows.

• Written Objection Deadline

  A written objection to a production subpoena must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served (Nevada NRCP 45(c)(2)(B)).

• Objection Is Not a Motion

  A written objection and a motion to quash or modify are separate steps; the motion under NRCP 45(c)(3) must be timely.

• Grounds in NRCP 45(c)(3)

  The motion states its grounds in the alternative: unreasonable time, travel more than 100 miles from where the person resides, is employed, or regularly transacts business in person (unless commanded to attend trial within Nevada), privileged or other protected matter where no exception or waiver applies, undue burden, and the discretionary trade secret and unretained expert grounds (Nevada NRCP 45(c)(3)(A)-(B)).

• Rule 26(c) Good-Faith Certification

  A protective-order motion must include a certification that the movant conferred or attempted in good faith to confer with other affected parties (Nevada NRCP 26(c)(1)).

• Seven-Day Notice to Parties

  Notice and a copy of a pre-trial document or inspection subpoena must be served on every party at least 7 days before service on the recipient (Nevada NRCP 45(a)(4)(A)).

• Seven-Day Privilege Objection and Stay

  A party objecting on privilege or confidentiality grounds must file written objections and a Rule 26(c) motion within 7 days of the notice, and the subpoena may not be served until the court rules (Nevada NRCP 45(a)(4)(B)).

• Issuing Court and UIDDA Venue

  The motion goes to the court that issued the subpoena; for an out-of-state subpoena, to the court in the county where discovery is to be conducted (Nevada NRCP 45(c)(3); NRS 53.190).

• Sanctions and Expenses

  The issuing court may sanction a breach of the duty to avoid undue burden, including lost earnings and reasonable attorney fees (NRCP 45(c)(1)), and may consider Rule 37(a)(5) in awarding expenses (NRCP 45(e)).