New Jersey Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Never simply ignore a subpoena. If you want to challenge it, file a motion in the pending action.

2. 2

   R. 1:9-2 says the court 'on motion made promptly' may quash or modify the subpoena or notice (a notice in lieu of subpoena) if compliance would be unreasonable or oppressive. The rule sets no fixed day count for the motion, so do not wait.

3. 3

   A subpoena to produce evidence for discovery may be issued only to a person whose attendance at a designated time and place for a deposition is simultaneously compelled (R. 4:14-7(c)). A stand-alone records subpoena to a non-party is not what the rule describes.

4. 4

   Under R. 4:14-7(c), the subpoena must be served on the witness and on all parties no less than 10 days before the deposition date. All parties may inspect and copy what is produced at the deposition.

5. 5

   The subpoena must state that if the deponent is notified that a motion to quash has been filed, the evidence is not to be produced until the court orders it or all parties consent (R. 4:14-7(c)).

6. 6

   Place limits: a resident witness may be required to attend only in the county of residence, employment or business, or within 20 miles. A nonresident served in New Jersey may be required to attend only in the county of service or within 40 miles (R. 4:14-7(b)(1)).

7. 7

   The court may condition denial of the motion on the issuing side advancing the reasonable cost of production (R. 1:9-2). For burden or expense, R. 4:10-3 allows a protective order for good cause, and R. 4:23-1(c) governs expenses on that motion.

New Jersey Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  Do not ignore a subpoena. A challenge is made by motion, decided by the court in the pending action; the court on motion may quash or modify it (R. 1:9-2).

• Motion Made Promptly

  The court on motion made promptly may quash or modify the subpoena or notice (a notice in lieu of subpoena) if compliance would be unreasonable or oppressive; the rule sets no fixed day count (R. 1:9-2).

• Unreasonable or Oppressive Ground

  The motion states its grounds in the alternative: compliance unreasonable or oppressive (R. 1:9-2), and good cause for a protective order against annoyance, embarrassment, oppression, or undue burden or expense (R. 4:10-3).

• Records Subpoena Needs a Deposition

  A subpoena to produce evidence for discovery may be issued only to a person whose attendance at a designated time and place for a deposition is simultaneously compelled (R. 4:14-7(c)).

• 10-Day Service on Witness and Parties

  A deposition subpoena for records must be served simultaneously on the witness and on all parties no less than 10 days before the scheduled deposition date (R. 4:14-7(c)).

• Production Held Once a Motion Is Filed

  The subpoena must state that if the deponent is notified a motion to quash has been filed, evidence is not to be produced until the court orders it or all parties consent (R. 4:14-7(c)).

• County and Mileage Limits

  A resident witness attends only in the county of residence, employment or business, or within 20 miles; a nonresident served in New Jersey only in the county of service or within 40 miles (R. 4:14-7(b)(1)).

• Cost Advancement and Expenses

  The court may condition denial of the motion on the issuing side advancing the reasonable cost of production (R. 1:9-2); protective order expenses are governed by R. 4:23-1(c) (R. 4:10-3).