Pennsylvania Motion to Quash a Subpoena

Q: What is the deadline to move to quash a subpoena in Pennsylvania?

Rule 234.4 itself sets no filing deadline. Rule 234.1(d) calls for a subpoena to be served reasonably in advance, so file a Rule 234.4 motion as early as you can. Check your county's local rules.

Q: Who can file a motion to quash in Pennsylvania?

Rule 234.4(b) says a motion to quash a subpoena, notice to attend or notice to produce may be filed by a party, by the person served or by any other person with sufficient interest.

Q: How much notice is required before a Pennsylvania non-party document subpoena is served?

Under Pa.R.C.P. 4009.21, the party intending to serve it must give every party written notice of intent, with a copy of the subpoena, at least 20 days before service. The notice is not given to the non-party.

Q: What happens if a party objects to a Pennsylvania non-party subpoena notice?

If objections are received by the party intending to serve the subpoena before service, the subpoena shall not be served. The court upon motion rules on the objections and enters an appropriate order (Rule 4009.21).

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

No. A written objection under Rule 4009.21 responds to the notice of intent to serve a non-party document subpoena; if received by the party intending to serve before service, the subpoena shall not be served. A motion to quash under Rule 234.4 is a separate filing. Never simply ignore a subpoena.

Q: Which court hears a motion to quash a subpoena in Pennsylvania?

The rules refer to the court, meaning the court of common pleas where the action is pending. Subpoenas are issued by the prothonotary under Rule 234.2(a).

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

Not statewide. Under the Official Note to Rule 4012, a court of common pleas may by Local Rule 208.2(e) require a certification that counsel conferred or attempted to confer with all interested parties, so check your county.

Q: Does Pennsylvania exempt deposition subpoenas from the 20-day notice?

Yes. Deposition subpoenas are exempt from the 20-day notice, and documents are produced at the deposition and not earlier (Note to Rule 234.1; Rule 4007.1(d)(2)).

Q: Is there an official form for a Pennsylvania non-party subpoena?

The forms are set out in the rules: Rule 4009.24 (notice of intent and objections), Rule 4009.25 (certificate) and Rule 4009.26 (subpoena). The Rule 4009.26 form gives a non-party 20 days to produce and the right to seek reasonable copying cost.

Pa.R.C.P. 234.4 lets a party, the person served or anyone with sufficient interest move to quash.

Find out where you stand in Pennsylvania

What kind of subpoena are you dealing with?

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Introduction

Pa.R.C.P. 234.4 governs. For a non-party document subpoena, Rule 4009.21 requires 20 days' notice to parties, and objections received before service block service until the court rules. Never simply ignore a subpoena.

Key Things to Know

1
Never simply ignore a subpoena. Pa.R.C.P. 234.4 (Subpoena. Notice to Attend. Notice to Produce. Relief from Compliance. Motion to Quash) is the tool for relief. For a non-party document subpoena, objections under Rule 4009.21 received before service mean it shall not be served.
2
Rule 234.4(b) lets a motion to quash be filed by a party, by the person served or by any other person with sufficient interest. Rule 234.1(d) calls for a subpoena to be served reasonably in advance, so move as early as you can.
3
For a non-party document subpoena, Pa.R.C.P. 4009.21 requires the party who intends to serve it to give every party written notice of intent, with a copy of the subpoena, at least 20 days before service. The notice goes to the parties, not to the non-party.
4
Any party may file written objections to that notice. If objections are received by the party intending to serve before service, the subpoena shall not be served, and the court upon motion rules on the objections and enters an appropriate order (Rule 4009.21).
5
A written objection under Rule 4009.21 and a motion to quash under Rule 234.4 are separate steps. If received by the party intending to serve before service, the first blocks service of a non-party document subpoena until the court rules. The second asks the court to act on a subpoena.
6
After hearing, the court may protect a party, witness or other person from unreasonable annoyance, embarrassment, oppression, burden or expense (Rule 234.4(b)). Rule 4012 also lists trade secret or confidential commercial information and limits on scope, time and place.
7
Deposition subpoenas are exempt from the 20-day notice, and documents are produced at the deposition and not earlier. A court of common pleas may by Local Rule 208.2(e) require a certification that counsel conferred or attempted to confer.

Key decisions before you file

Before you file a Motion to Quash in Pennsylvania, 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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IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA [CIVIL DIVISION]

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

No. [DOCKET NUMBER]

[MOVANT NAME]'S MOTION TO QUASH SUBPOENA

Movant [MOVANT NAME] is [A PARTY, THE PERSON SERVED, OR A PERSON WITH SUFFICIENT INTEREST] in this action. Under Pa.R.C.P. 234.4(b), Movant moves to quash the subpoena described below.

THE SUBPOENA

On [DATE OF ISSUE], the prothonotary issued a subpoena at the request of [NAME OF REQUESTING PARTY OR ATTORNEY], directed to [PERSON SERVED], served on [DATE OF SERVICE]. It commands [ATTENDANCE AT DEPOSITION, PRODUCTION OF DOCUMENTS, OR BOTH] on [DATE AND TIME FOR COMPLIANCE] at [PLACE OF COMPLIANCE]. A copy is attached as Exhibit A.

NOTICE AND OBJECTIONS

[IF APPLICABLE: MOVANT IS A PARTY AND THE SUBPOENA SEEKS DOCUMENTS FROM A NON-PARTY: Movant, as a party, received the notice of intent to serve dated [DATE OF NOTICE]. [NAME OF REQUESTING PARTY OR ATTORNEY] received Movant's written objections under Pa.R.C.P. 4009.21 on [DATE OBJECTIONS RECEIVED], before service of the subpoena.]

STANDING AND GROUNDS

Movant has standing under Pa.R.C.P. 234.4(b). Movant relies on the following, each stated in the alternative:

[IF APPLICABLE: (a) The subpoena subjects Movant to unreasonable annoyance, embarrassment, oppression, burden or expense. [FACTS].]

[IF APPLICABLE: (b) The subpoena seeks trade secret or other confidential commercial information. [FACTS].]

[IF APPLICABLE: (c) The scope, time or place of the subpoena should be limited under Pa.R.C.P. 4012. [FACTS].]

[IF APPLICABLE: (d) Movant's written objections under Pa.R.C.P. 4009.21 were received before service, so the subpoena shall not have been served, and the Court upon motion should rule on the objections. [FACTS].]

CERTIFICATION OF CONFERENCE

[IF APPLICABLE: THE COURT'S LOCAL RULE 208.2(e) REQUIRES IT: Counsel for Movant certifies that counsel conferred or attempted to confer with all interested parties, as follows: [DATES AND METHOD OF CONFERENCE OR ATTEMPT].]

RELIEF REQUESTED

Movant asks the Court, after hearing, to (a) quash the subpoena; (b) in the alternative, modify it to limit its scope, time or place as follows: [PROPOSED LIMITS]; and (c) in the alternative, enter an order under Pa.R.C.P. 234.4(b) protecting Movant from unreasonable annoyance, embarrassment, oppression, burden or expense, as follows: [PROTECTION REQUESTED]. A proposed order is attached.

Respectfully submitted,

[SIGNATURE] [ATTORNEY OR MOVANT NAME] [ATTORNEY I.D. NUMBER, IF APPLICABLE] [ADDRESS] [TELEPHONE] | [EMAIL] Dated: [DATE]

CERTIFICATE OF SERVICE

I certify that on [DATE] I served this motion on [NAMES OF ALL PARTIES AND COUNSEL OF RECORD] by [METHOD OF SERVICE] at [ADDRESSES].

[SIGNATURE]

Pennsylvania Requirements for Motion to Quash

Never Ignore a Subpoena
Pa.R.C.P. 234.4 provides relief from compliance by motion to quash. For a non-party document subpoena, Rule 4009.21 objections received before service mean it shall not be served. Never simply ignore a subpoena.
Who May Move to Quash
A party, the person served or any other person with sufficient interest may file the motion (Pa.R.C.P. 234.4(b)).
20-Day Notice of Intent
Before serving a non-party document subpoena, the party must give every party written notice of intent with a copy of the subpoena at least 20 days before service (Pa.R.C.P. 4009.21). The notice is not given to the non-party.
Objection Blocks Service
For a non-party document subpoena, if objections to the Rule 4009.21 notice are received by the party intending to serve before service, the subpoena shall not be served, and the court upon motion rules on the objections (Pa.R.C.P. 4009.21). This is separate from a Rule 234.4 motion.
Grounds in Rule 234.4(b) and 4012
State grounds in the alternative: unreasonable annoyance, embarrassment, oppression, burden or expense; trade secret or confidential commercial information; limits on scope, time and place.
Certification of Conference
A court of common pleas may by Local Rule 208.2(e) require a certification that counsel conferred or attempted to confer with all interested parties (Official Note to Pa.R.C.P. 4012).
Deposition Subpoena Exemption
Deposition subpoenas are exempt from the 20-day notice, and documents are produced at the deposition and not earlier (Note to Pa.R.C.P. 234.1; Rule 4007.1(d)(2)).
Official Subpoena Forms
Pa.R.C.P. 4009.24 (notice of intent and objections), 4009.25 (certificate) and 4009.26 (subpoena) set out the forms. The 4009.26 form gives a non-party 20 days to produce.

Frequently Asked Questions

What is the deadline to move to quash a subpoena in Pennsylvania?

Who can file a motion to quash in Pennsylvania?

How much notice is required before a Pennsylvania non-party document subpoena is served?

What happens if a party objects to a Pennsylvania non-party subpoena notice?

Is a Pennsylvania written objection the same as a motion to quash?

What grounds can I use to quash a subpoena in Pennsylvania?

Which court hears a motion to quash a subpoena in Pennsylvania?

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

Does Pennsylvania exempt deposition subpoenas from the 20-day notice?

Is there an official form for a Pennsylvania non-party subpoena?

Find out where you stand in Pennsylvania

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Quash Template with DocDraft

Pennsylvania Requirements for Motion to Quash

Never Ignore a Subpoena

Who May Move to Quash

20-Day Notice of Intent

Objection Blocks Service

Grounds in Rule 234.4(b) and 4012

Certification of Conference

Deposition Subpoena Exemption

Official Subpoena Forms

Frequently Asked Questions