New Hampshire Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Obey a subpoena unless the court rules otherwise. Never simply ignore one. New Hampshire's Superior Court Rules do not label a stand-alone motion to quash; the route is a protective-order motion under N.H. Super. Ct. R. 29(a).

2. 2

   Rule 29(a) lets a party or 'the person from whom discovery is sought' move, for good cause shown, for an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. A non-party can use it.

3. 3

   Timing: Rule 29(b) requires protective-order motions for confidential or trade-secret information within the time to respond to the discovery request, or 30 days of automatic disclosure, or 10 days of an order of production of records. For other subpoena challenges, check the rules and any court order.

4. 4

   Rule 26(d): if a subpoena duces tecum is to be served on a deponent, the notice to the adverse party must be served before service of the subpoena, and the materials designated for production must be listed in the notice. Under Rule 26(b), 20 days' deposition notice is deemed reasonable.

5. 5

   Relief under Rule 29(a) can include that the discovery not be had, that it be had only on specified terms, time or place, by a different method, or with limited scope, and protection of trade secrets. Rule 21(b) addresses privileged matter outside the scope of discovery.

6. 6

   Privilege: under Rule 21(c), failure to give a privilege log is deemed a waiver of all privileges. Under Rule 26(m), a subpoena to an organization must advise the non-party of its duty to designate a witness. All protective orders need court approval.

7. 7

   Out-of-state subpoenas fall under RSA 517-A. Current RSA 517-A:1 applies until 1/1/2027; amended UIDDA-style RSA 517-A:3 and :6 take effect Jan. 1, 2027, sending quash, modify or protective-order applications to superior court in the county where discovery is to be conducted.

New Hampshire Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  Obey a subpoena unless the court rules otherwise; New Hampshire's route is a protective-order motion under N.H. Super. Ct. R. 29(a).

• Rule 29(a) Protective Order Motion

  A party or the person from whom discovery is sought may move, for good cause shown, for an order protecting against annoyance, embarrassment, oppression, or undue burden or expense (N.H. Super. Ct. R. 29(a)).

• Rule 29(b) Confidentiality Windows

  Motions for confidential or trade-secret information are due within the time to respond to the request, or 30 days of automatic disclosure, or 10 days of an order of production of records (N.H. Super. Ct. R. 29(b)).

• Grounds Stated in the Alternative

  The motion states its grounds as alternatives: undue burden or expense; annoyance, embarrassment or oppression; privileged matter outside scope (R. 21(b)); confidential or trade-secret information.

• Pre-Subpoena Notice for Documents

  If a subpoena duces tecum is to be served on the deponent, notice to the adverse party must be served before service of the subpoena, listing the materials designated for production (N.H. Super. Ct. R. 26(d)).

• Relief Requested

  The motion asks that discovery not be had or, alternatively, that it proceed on specified terms, time or place, by a different method, or with limited scope (N.H. Super. Ct. R. 29(a)).

• Privilege Log Waiver

  Failure to give a privilege log is deemed a waiver of all privileges (N.H. Super. Ct. R. 21(c)).

• Issuing Court and Foreign Subpoena Venue

  The motion goes to the issuing Superior Court; for a foreign subpoena under amended RSA 517-A:6 (effective Jan. 1, 2027), to the superior court in the county where discovery is conducted.

• Fee Sanctions

  Fees may be awarded if a protective-order motion is frivolous or for delay (R. 29(h)), to a witness if a motion to compel is denied (R. 26(k)); R. 21(d) addresses discovery abuse.