Utah Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   A subpoena must be obeyed unless it is objected to or quashed or modified as Utah R. Civ. P. 45(e) allows. Never simply ignore one. The court will enforce the duty to avoid undue burden and impose an appropriate sanction on a party or attorney in breach.

2. 2

   A written objection must be made before the date for compliance (Rule 45(e)(4)(A)). The rule sets no fixed day count for the objection. Separately, a records or inspection subpoena must allow the person at least 14 days after service to comply (Rule 45(e)(2)).

3. 3

   A timely objection or protective-order request suspends the duty to comply on that topic, and the burden shifts to the issuing party to move to compel under Rule 37(a) (Rule 45(e)(5)(A)). An objection is not a motion to quash; the court may quash or modify the subpoena under Rule 45(e). Where a substantial need for the information is shown that cannot be met without undue hardship, the court may instead order compliance upon specified conditions.

4. 4

   Grounds listed in Rule 45(e)(3): unreasonable time to comply; county-of-appearance limits for residents and non-residents; privileged or protected matter; trade secret or other confidential research, development, or commercial information; undue burden or cost; objectionable form of ESI; ESI not reasonably accessible; and an unretained expert's opinion (45(e)(3)(I)).

5. 5

   Where you can be required to appear is limited. A Utah resident can be required to be deposed or produce only in the county where they reside, are employed, or transact business in person. A non-resident served in Utah only in the county of service (Rule 45(c)).

6. 6

   Before serving a records or inspection subpoena, the issuing party must serve every party with actual notice (Rule 45(b)(3)). The issuing party pays reasonable production and copying cost (45(d)). A custodian declaration is addressed in 45(f)(1). Rule 45 does not state a conference requirement.

7. 7

   A subpoena from another state is handled under the Utah Uniform Interstate Depositions and Discovery Act, Utah Code Title 78B, Chapter 17. This page does not cover that chapter's section-level procedure for out-of-state subpoenas.

Utah Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  A subpoena must be obeyed unless it is objected to or quashed or modified as Utah R. Civ. P. 45(e) allows.

• Written Objection Before Compliance Date

  A written objection must be made before the date for compliance (Utah R. Civ. P. 45(e)(4)(A)); the rule sets no fixed day count for it.

• At Least 14 Days to Comply With Records Subpoenas

  A records or inspection subpoena must allow the person at least 14 days after service to comply (Utah R. Civ. P. 45(e)(2)).

• Objection Is Not a Motion

  A timely objection suspends the duty to comply on that topic and shifts to the issuer the burden to move to compel under Rule 37(a); a motion to quash or modify is a separate request to the court (Rule 45(e)).

• Grounds Listed in Rule 45(e)(3)

  The motion states its grounds in the alternative, from the Rule 45(e)(3) list: time, county limits, privilege, trade secret, undue burden or cost, ESI form or access, unretained expert opinion.

• Privilege Description in the Objection

  Rule 45(e)(4)(C) requires a privilege-log-style description in the objection when matter is withheld as privileged or protected.

• Notice to Parties Before Records Subpoena

  The issuing party must serve every party with actual notice before serving a records or inspection subpoena (Utah R. Civ. P. 45(b)(3)).

• County-of-Appearance Limits

  A resident can be required to be deposed or produce only in the county where they reside, are employed, or transact business in person; a non-resident served in Utah only in the county of service (Utah R. Civ. P. 45(c)).

• Sanctions for Undue Burden

  The court will impose an appropriate sanction on a party or attorney who breaches the duty to avoid undue burden, which may include lost earnings and a reasonable attorney fee (Utah R. Civ. P. 45(e)(1)).