Vermont Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   A subpoena must be obeyed unless it is quashed or modified as V.R.C.P. 45 allows; a written objection blocks only production absent a court order. Never simply ignore it. Vermont's rule largely tracks FRCP 45, so the points below are the ones that are still distinct.

2. 2

   A non-party commanded to produce or permit inspection may serve written objection on the party or attorney designated in the subpoena within 14 days after service, or before the time specified for compliance if that time is less than 14 days after service (V.R.C.P. 45(c)(2)(B)).

3. 3

   A written objection and a motion to quash are different steps. The objection blocks production absent a court order, and the issuing party may then move to compel on notice. A motion to quash or modify must be 'timely' (V.R.C.P. 45(c)).

4. 4

   On timely motion, the court for which the subpoena was issued shall quash or modify it if it (i) fails to allow reasonable time for compliance; (ii) requires a resident to travel more than 50 miles one way to a deposition (a nonresident: more than 50 miles from the place of service); (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden (V.R.C.P. 45(c)(3)(A)).

5. 5

   The court may also quash or modify for trade secret or confidential commercial information, an unretained expert's opinion, or a non-party's travel of more than 50 miles to trial (V.R.C.P. 45(c)(3)(B)). Privilege claims must be made expressly with a description of what is withheld (V.R.C.P. 45(d)(2)).

6. 6

   The issuing party or attorney must avoid undue burden. The court shall enforce that duty and impose an appropriate sanction, which may include lost earnings and a reasonable attorney's fee (V.R.C.P. 45(c)(1)).

7. 7

   A subpoena from another state goes through V.R.C.P. 45(f), Vermont's UIDDA procedure: it is submitted to the clerk in the county where discovery is sought, with a Vermont subpoena, a counsel list and the filing fee ($295 per the judiciary). Challenges go to the court in that county, and counsel must be admitted in Vermont to bring the motion (V.R.C.P. 45(f)(3)(B)).

Vermont Requirements for Motion to Quash

• Obey Unless Quashed or Modified

  A subpoena must be obeyed unless quashed or modified as V.R.C.P. 45 allows; a non-party commanded to produce or permit inspection may serve a written objection, which blocks production absent a court order (V.R.C.P. 45(c)(2)(B)).

• 14-Day Written Objection Window

  A non-party commanded to produce may serve written objection on the designated party or attorney within 14 days after service, or before the compliance time if that is less than 14 days after service (V.R.C.P. 45(c)(2)(B)).

• Objection Is Not a Motion

  A written objection blocks production absent a court order and lets the issuer move to compel on notice; a motion to quash or modify is a separate filing that must be timely (V.R.C.P. 45(c)).

• Mandatory Grounds in V.R.C.P. 45(c)(3)(A)

  The motion states grounds in the alternative: (i) unreasonable time; (ii) deposition travel over 50 miles one way for a resident, or over 50 miles from the place of service for a nonresident; (iii) privileged or protected matter; (iv) undue burden.

• Discretionary Grounds in V.R.C.P. 45(c)(3)(B)

  The court may quash or modify for trade secret or confidential commercial information, an unretained expert's opinion, or non-party travel of more than 50 miles to trial.

• Issuing Court and Copy to Parties

  The motion goes to the court for which the subpoena was issued, which may be in any county (V.R.C.P. 45(c)(2)(B), (c)(3)). The Vermont Judiciary says it is filed with a copy to all parties.

• UIDDA Procedure in V.R.C.P. 45(f)

  A foreign subpoena is submitted to the clerk in the county where discovery is sought, with a Vermont subpoena, counsel list and $295 filing fee; challenges go to the court in that county through Vermont-admitted counsel (V.R.C.P. 45(f)(3)(B)).

• Express Privilege Claims

  Privilege claims must be made expressly with a description of the withheld material (V.R.C.P. 45(d)(2)); 45(d)(2)(B) addresses clawback.

• Sanctions for Undue Burden

  The court shall enforce the duty to avoid undue burden and impose an appropriate sanction, which may include lost earnings and a reasonable attorney's fee (V.R.C.P. 45(c)(1)).