Ohio Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Unexcused disobedience of a subpoena may be treated as contempt (Civ.R. 45(E)). A written objection under Civ.R. 45(C)(3) covers production only, and blocks it only absent a court order. Never simply ignore a subpoena.

2. 2

   Written objections to production are due within 14 days after service of the subpoena, or before the time specified for compliance if that time is less than 14 days after service. They are served on the party or attorney designated in the subpoena (Civ.R. 45(C)(3)).

3. 3

   A written objection and a motion to quash are different steps. The objection blocks production absent a court order and shifts to the issuing party the burden of moving to compel (Civ.R. 45(C)(3)). A motion to quash or modify must be 'timely' (Civ.R. 45(C)(4)).

4. 4

   On timely motion, the court from which the subpoena was issued shall quash or modify it, or order appearance or production only under specified conditions, if it: (a) fails to allow reasonable time to comply; (b) requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; (c) involves an unretained expert's fact or opinion; or (d) subjects a person to undue burden (Civ.R. 45(C)(4)).

5. 5

   Under Civ.R. 45(C)(6), the court must quash or modify under ground (c) or (d) unless the issuing party shows substantial need and reasonable compensation. Civ.R. 45(C)(1) also imposes a duty to avoid undue burden, and a party or attorney who breaches it may be sanctioned (Civ.R. 45(E)).

6. 6

   Before an undue-burden motion under Civ.R. 45(C)(4)(d), you must attempt to resolve the matter through discussions with the issuing attorney or unrepresented party. The motion must be supported by an affidavit of the subpoenaed person or a certificate of that person's attorney describing the efforts made (Civ.R. 45(C)(5)).

7. 7

   For a subpoena from another state, R.C. 2319.09 (Ohio's Uniform Interstate Depositions and Discovery Act) has the party submit it to the clerk in the county where discovery is sought; motions to quash, modify or for a protective order go to the court in that county under the Ohio Civil Rules (R.C. 2319.09(F)).

Ohio Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  Unexcused disobedience may be contempt (Ohio Civ.R. 45(E)); a written objection under Civ.R. 45(C)(3) covers production only and blocks it only absent a court order.

• 14-Day Written Objection Window

  Written objections to production are due within 14 days after service, or before the time specified for compliance if that is less than 14 days after service, served on the party or attorney designated in the subpoena (Ohio Civ.R. 45(C)(3)).

• Objection Is Not a Motion

  A timely written objection blocks production absent a court order and shifts to the issuer the burden of moving to compel; a motion to quash or modify under Civ.R. 45(C)(4) is a separate filing that must be timely.

• Four Grounds in Civ.R. 45(C)(4)

  The motion states its grounds in the alternative: (a) unreasonable time to comply; (b) privileged or protected matter with no exception or waiver; (c) unretained expert fact or opinion; (d) undue burden (Ohio Civ.R. 45(C)(4)).

• Substantial Need Standard for Grounds (c) and (d)

  The court must quash or modify under ground (c) or (d) unless the issuing party shows substantial need and reasonable compensation (Ohio Civ.R. 45(C)(6)).

• Undue-Burden Conference and Affidavit

  Before an undue-burden motion, the movant must attempt to resolve it with the issuing attorney or unrepresented party, and support the motion with an affidavit of the subpoenaed person or a certificate of that person's attorney of the efforts made (Ohio Civ.R. 45(C)(5)).

• Issuing Court and UIDDA Venue

  The motion goes to the court from which the subpoena was issued; for a foreign subpoena, to the court in the county where discovery is conducted (Ohio Civ.R. 45(C)(4); R.C. 2319.09(F)).

• Notice to Other Parties

  The issuing party must give prompt written notice, with a copy of the subpoena, to all other parties (Ohio Civ.R. 45(A)(3)).

• Sanctions for Contempt and Frivolous Resistance

  Unexcused disobedience may be contempt, and a subpoenaed person or attorney who frivolously resists a subpoena may be ordered to pay reasonable expenses including attorney fees (Ohio Civ.R. 45(E)).