Oklahoma Motion to Quash a Subpoena
12 O.S. 2004.1: object to a document subpoena within 14 days, or sooner if compliance comes first.
Find out where you stand in Oklahoma
What kind of subpoena are you dealing with?
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Introduction
Oklahoma's rule is 12 O.S. 2004.1. A written objection to a document subpoena is due within 14 days after service, or before compliance time if sooner. On timely motion, the court shall quash or modify a subpoena on a listed ground. Never ignore a subpoena.
Key Things to Know
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Never simply ignore a subpoena. A document subpoena may be met with a written objection, and a subpoena may be quashed or modified on timely motion under 12 O.S. 2004.1(C)(3).
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For a document subpoena, the written objection window under 12 O.S. 2004.1(C)(2)(b) is 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.
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A written objection to a document subpoena and a motion to quash are different steps. Once an objection is served, the requesting party needs a court order to compel. A motion to quash or modify must be a timely motion (12 O.S. 2004.1(C)(3)).
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On timely motion, the court by which the subpoena was issued shall quash or modify it if it fails to allow reasonable time for compliance, requires travel beyond allowed limits, requires privileged or other protected matter with no exception or waiver, subjects a person to undue burden, or requires production outside the scope of discovery under Section 3226 (12 O.S. 2004.1(C)(3)(a)).
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The court may also quash or modify for trade secret or confidential commercial information, or an unretained expert's opinion (12 O.S. 2004.1(C)(3)(b)). Section 2004.1(C)(1) requires an appropriate sanction, which may include lost earnings and a reasonable attorney fee, on a party or attorney who fails to avoid undue burden.
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Records notice: a copy of a records subpoena must be served on each party under 12 O.S. 2005(B). A nonparty records subpoena must set production at least 7 days after service on the witness and all parties and carry the mandatory 'do not produce' warning language (2004.1(B)(1)). Leave of court is needed to subpoena a nonparty's documents within 30 days after service of summons on any defendant (2004.1(A)(5)).
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For an action pending outside Oklahoma, a motion about the subpoena goes to the district court of the county where the deposition or production occurs. See also 12 O.S. 2004.1(A)(2).
Key decisions before you file
Before you file a Motion to Quash in Oklahoma, a few decisions shape the document: which option to choose and what each one means. The Motion to Quash guide walks through them.
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Oklahoma Requirements for Motion to Quash
Do Not Ignore the Subpoena
Never ignore a subpoena. A document subpoena may be objected to, and a subpoena may be quashed or modified on timely motion under 12 O.S. 2004.1(C)(3).
14-Day Document Objection Window
For a document subpoena, a written objection may be served within 14 days after service, or before the time specified for compliance if that is less than 14 days after service (12 O.S. 2004.1(C)(2)(b)).
Objection Is Not a Motion
Once a written objection is served, the requesting party needs a court order to compel; a motion to quash or modify under 12 O.S. 2004.1(C)(3) is a separate, timely filing.
Grounds in 2004.1(C)(3)(a)
State grounds in the alternative: unreasonable time, travel beyond allowed limits, privileged or protected matter with no exception or waiver, undue burden, or scope outside Section 3226 (12 O.S. 2004.1(C)(3)(a)).
Trade Secret and Expert Opinion
The court may also quash or modify for trade secret or confidential commercial information, or an unretained expert's opinion (12 O.S. 2004.1(C)(3)(b)).
Nonparty Records Subpoena Rules
A nonparty records subpoena must set production at least 7 days after service on the witness and all parties and carry the mandatory 'do not produce' warning (12 O.S. 2004.1(B)(1)); leave of court is needed to subpoena a nonparty's documents within 30 days after service of summons on any defendant (2004.1(A)(5)).
Which Court Hears It
The motion goes to the court by which the subpoena was issued; for an action pending outside Oklahoma, to the district court of the county where the deposition or production occurs (12 O.S. 2004.1(C)(3); 2004.1(A)(2)).
Copy to Each Party
A copy of a records subpoena must be served on each party (12 O.S. 2005(B)).
Sanctions for Undue Burden
The court shall impose an appropriate sanction, which may include lost earnings and a reasonable attorney fee, on a party or attorney who fails to avoid undue burden (12 O.S. 2004.1(C)(1)).