North Carolina Motion to Quash a Subpoena

Q: How long do I have to object to or move to quash a subpoena in North Carolina?

Within 10 days after service of the subpoena, or before the time specified for compliance if that time is less than 10 days after service. This applies to both the written objection under Rule 45(c)(3) and the motion to quash or modify under Rule 45(c)(5).

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

No. The written objection must comply with Rule 11 and, once served, the serving party cannot compel compliance without a court order (Rule 45(c)(4)). A motion to quash or modify under Rule 45(c)(5) asks the court itself to quash or modify the subpoena.

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

The court shall quash or modify if the subpoenaed person demonstrates that the subpoena (a) fails to allow reasonable time for compliance, (b) requires disclosure of privileged or protected matter, (c) imposes undue burden or expense, (d) is otherwise unreasonable or oppressive, or (e) is procedurally defective (Rule 45(c)(3)). That mandatory standard covers only the Rule 45(c)(3) reasons; Rule 45(c)(7) separately addresses trade secrets and confidential information.

Q: Which North Carolina court hears a motion to quash a subpoena?

The motion is filed in the court in the county in which the trial, hearing, deposition, or production is to occur (Rule 45(c)(5)). The subpoena itself issues from the court where the action is pending (Rule 45(a)(3)).

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

Check before you move. Review the local rules and practice of the court where you file for any conference requirement before filing a motion to quash or modify.

Q: How do I challenge an out-of-state subpoena in North Carolina?

North Carolina's UIDDA is G.S. Chapter 1F (1F-1 to 1F-7). Under G.S. 1F-6, an application to quash, modify, or protect goes to the court in the county where discovery is to be conducted, and disputes between parties go to the court where the action is pending.

Q: Can I recover costs or fees if a North Carolina subpoena is quashed?

Possibly. On quashing or modifying, the court may order the issuing party to pay reasonable expenses, including attorney's fees (Rule 45(c)(8)). Rule 45(c)(1) also requires the court to enforce the duty to avoid undue burden and to impose a sanction, including lost earnings and attorney's fees, and Rule 45(c)(6) protects a non-party from significant compliance expense.

Q: Must other parties be told about a North Carolina subpoena or the records produced?

Yes. A copy of the subpoena must be served on each party under Rule 5(b) (Rule 45(b)(2)), and the issuer must give the other parties notice within five business days of receiving produced material (Rule 45(d1)).

Rule 45(c): object or move within 10 days after service, or before an earlier compliance time.

Find out where you stand in North Carolina

What kind of subpoena are you dealing with?

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Introduction

North Carolina Rule 45(c) governs. A written objection or a motion to quash or modify is due within 10 days after service, or before the compliance time if that is under 10 days after service. Obey the subpoena unless objected to or quashed.

Key Things to Know

1
A subpoena must be obeyed unless it is objected to or quashed or modified as N.C. R. Civ. P. 45(c) allows. Never simply ignore it.
2
The written objection (Rule 45(c)(3)) and the motion to quash or modify (Rule 45(c)(5)) are both due within 10 days after service of the subpoena, or before the time specified for compliance if that time is less than 10 days after service.
3
A written objection and a motion to quash are different steps. The objection must comply with Rule 11. Once it is served, the serving party cannot compel compliance without a court order (Rule 45(c)(4)).
4
The court shall quash or modify the subpoena if you demonstrate that it: (a) fails to allow reasonable time for compliance; (b) requires disclosure of privileged or protected matter; (c) imposes undue burden or expense; (d) is otherwise unreasonable or oppressive; or (e) is procedurally defective (Rule 45(c)(3), (c)(5)). That mandatory standard covers only the Rule 45(c)(3) reasons; Rule 45(c)(7) separately addresses trade secrets and confidential information.
5
File the motion in the court in the county where the trial, hearing, deposition, or production is to occur (Rule 45(c)(5)). The subpoena issues from the court where the action is pending (Rule 45(a)(3)). A party or the person from whom discovery is sought may also seek a Rule 26(c) protective order.
6
Check the local rules of the court where you file for any conference requirement before filing. For a subpoena from another state under North Carolina's UIDDA (G.S. 1F-1 to 1F-7), an application to quash, modify, or protect goes to the court in the county where discovery is to be conducted; disputes between parties go to the court where the action is pending (G.S. 1F-6).
7
Rule 45(b)(2) requires a copy of the subpoena to be served on each party under Rule 5(b). Public-records and hospital medical-records custodians may comply by certified copies and an affidavit instead of appearing (Rule 45(c)(2)). The court may order the issuing party to pay reasonable expenses, including attorney's fees, on quashing or modifying (Rule 45(c)(8)).

Key decisions before you file

Before you file a Motion to Quash in North Carolina, 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

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STATE OF NORTH CAROLINA COUNTY OF [COUNTY WHERE THE TRIAL, HEARING, DEPOSITION, OR PRODUCTION IS TO OCCUR]

[NAME OF COURT] FILE NO. [FILE NUMBER]

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

[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 commanded by the subpoena described below. Under N.C. R. Civ. P. 45(c)(5), Movant moves to quash or modify the subpoena.

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 TRIAL, HEARING, OR DEPOSITION, PRODUCTION OF RECORDS, OR BOTH] on [DATE AND TIME FOR COMPLIANCE] at [PLACE OF COMPLIANCE], in [COUNTY OF COMPLIANCE] County. A copy is attached as Exhibit A.

TIMELINESS

This motion is filed within 10 days after service of the subpoena. [IF APPLICABLE: The time specified for compliance is less than 10 days after service, and this motion is filed before that time.] [IF APPLICABLE: Movant served a written objection under Rule 45(c)(3) on [DATE OF OBJECTION].]

GROUNDS

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

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

[IF APPLICABLE: (b) The subpoena requires disclosure of privileged or other protected matter. PRIVILEGE OR PROTECTION AND FACTS: [PRIVILEGE AND FACTS].]

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

[IF APPLICABLE: (d) The subpoena is otherwise unreasonable or oppressive. FACTS: [FACTS].]

[IF APPLICABLE: (e) The subpoena is procedurally defective. DEFECT: [DEFECT].]

[IF APPLICABLE: (f) The subpoena requires disclosure of a trade secret or confidential information under Rule 45(c)(7). FACTS: [FACTS].]

RELIEF REQUESTED

Movant asks the Court to (a) quash the subpoena, or in the alternative modify it as follows: [REQUESTED MODIFICATION]; (b) [IF APPLICABLE: enter a protective order under Rule 26(c) as follows: [TERMS]]; (c) [IF APPLICABLE: order the issuing party to pay Movant's reasonable expenses, including attorney's fees, under Rule 45(c)(8)]; and (d) grant other proper relief.

This the [DAY] day of [MONTH], [YEAR].

[ATTORNEY OR MOVANT NAME] [BAR NUMBER, IF APPLICABLE] [ADDRESS] [TELEPHONE AND EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE] I served this motion on all parties by [METHOD OF SERVICE] addressed to: [NAMES AND ADDRESSES OF PARTIES OR COUNSEL].

[SIGNATURE]

North Carolina Requirements for Motion to Quash

Obey Unless Objected To or Quashed
A subpoena must be obeyed unless it is objected to or quashed or modified as N.C. R. Civ. P. 45(c) allows.
10-Day Objection and Motion Window
The written objection (Rule 45(c)(3)) and the motion to quash or modify (Rule 45(c)(5)) are due within 10 days after service, or before the compliance time if that is less than 10 days after service.
Objection Is Not a Motion
A written objection must comply with Rule 11. Once served, the serving party cannot compel without a court order (Rule 45(c)(4)). A motion under Rule 45(c)(5) is a separate filing.
Five Grounds in Rule 45(c)(3)
State grounds in the alternative: (a) unreasonable time; (b) privileged or protected matter; (c) undue burden or expense; (d) otherwise unreasonable or oppressive; (e) procedurally defective. Rule 45(c)(7) adds trade secrets and confidential information.
County of Compliance Court
File in the court in the county where the trial, hearing, deposition, or production is to occur (Rule 45(c)(5)). A Rule 26(c) protective order is also available.
UIDDA Venue for Foreign Subpoenas
Under G.S. 1F-6, applications to quash, modify, or protect go to the court in the county where discovery is to be conducted; disputes between parties go to the court where the action is pending.
Notice and Records Custodians
Rule 45(b)(2) requires a copy of the subpoena to be served on each party under Rule 5(b). The issuer must notify other parties within five business days of receiving produced material (Rule 45(d1)). Public-records and hospital medical-records custodians may comply by certified copies and an affidavit instead of appearing (Rule 45(c)(2)).
Expenses and Sanctions
On quashing or modifying, the court may order the issuing party to pay reasonable expenses, including attorney's fees (Rule 45(c)(8)). Rule 45(c)(1) provides for sanctions for undue burden.

Frequently Asked Questions

How long do I have to object to or move to quash a subpoena in North Carolina?

Is a North Carolina written objection the same as a motion to quash?

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

Which North Carolina court hears a motion to quash a subpoena?

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

How do I challenge an out-of-state subpoena in North Carolina?

Can I recover costs or fees if a North Carolina subpoena is quashed?

Must other parties be told about a North Carolina subpoena or the records produced?

Can a records custodian in North Carolina comply without appearing?

Find out where you stand in North Carolina

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Quash Template with DocDraft

North Carolina Requirements for Motion to Quash

Obey Unless Objected To or Quashed

10-Day Objection and Motion Window

Objection Is Not a Motion

Five Grounds in Rule 45(c)(3)

County of Compliance Court

UIDDA Venue for Foreign Subpoenas

Notice and Records Custodians

Expenses and Sanctions

Frequently Asked Questions