Washington 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 CR 45 allows. Contempt may follow noncompliance without adequate excuse (CR 45(g)). Never simply ignore a subpoena.

2. 2

   A written objection to a document subpoena may be served 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 (CR 45(c)(2)(B)).

3. 3

   A written objection and a motion to quash are different steps. The motion is made to the court by which the subpoena was issued and must be 'timely'; CR 45(c)(4) gives no fixed day count for it.

4. 4

   On timely motion, the court shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) fails to comply with RCW 5.56.010 or CR 45(e)(2); (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden (CR 45(c)(4)(A)).

5. 5

   CR 45(c)(4)(B) separately addresses a subpoena that requires disclosure of a trade secret or other confidential commercial information, or of an unretained expert's opinion. For undue burden, the court may condition denial of the motion on the subpoenaing party advancing the reasonable cost.

6. 6

   A subpoena for documents only must be served on all parties under CR 5(b) at least 5 days before it is served on the recipient (CR 45(b)(2)). Place of compliance is limited by county: for a resident, where they reside, are employed or transact business, or as the court orders; for a nonresident, the county of service or within 40 miles (CR 45(e)(2)).

7. 7

   For a clerk-issued subpoena under Washington's UIDDA, RCW 5.51.050 requires an application to enforce, quash or modify to comply with Washington rules and be submitted to the court in the county where discovery is to be conducted. CR 26(i) requires a conference and certification for CR 26 to 37 motions and CR 26(c) protective orders, but CR 45 does not say whether that applies to a CR 45 motion.

Washington Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  Noncompliance without adequate excuse may be treated as contempt (Washington CR 45(g)); the subpoena must be obeyed unless objected to or quashed or modified as the rule allows.

• 14-Day Written Objection Window

  A written objection to a document subpoena may be served within 14 days after service, or before the time specified for compliance if that is less than 14 days after service, on the party or attorney designated in the subpoena (Washington CR 45(c)(2)(B)).

• Objection Is Not a Motion

  A motion to quash or modify is made to the court by which the subpoena was issued and must be timely; the rule gives no fixed day count for it (Washington CR 45(c)(4)).

• Grounds in CR 45(c)(4)

  The motion states its grounds in the alternative: unreasonable time for compliance; noncompliance with RCW 5.56.010 or CR 45(e)(2); privileged or protected matter with no exception or waiver; undue burden; and under (c)(4)(B), trade secret or confidential commercial information or unretained expert opinion.

• Five-Day Prior Notice to Parties

  A document-only subpoena must be served on all parties under CR 5(b) at least 5 days before service on the recipient (Washington CR 45(b)(2)).

• County Place-of-Compliance Limit

  A resident attends only in the county where they reside, are employed or transact business, or as the court orders; a nonresident in the county of service or within 40 miles (Washington CR 45(e)(2)).

• Conference Certification

  CR 26(i) requires counsel conference and certification for motions under CR 26 to 37 and CR 26(c) protective orders; CR 45 does not say it applies to a quash motion, so the motion offers an optional certification.

• Issuing Court and UIDDA Venue

  The motion goes to the court by which the subpoena was issued; under the UIDDA, applications to enforce, quash or modify a clerk-issued subpoena go to the court in the county where discovery is conducted (Washington CR 45(c)(4); RCW 5.51.050).

• Sanctions and Contempt

  The court shall enforce the duty to avoid undue burden and sanction a breaching party or attorney, including lost earnings and a reasonable attorney's fee (CR 45(c)(1)); contempt applies to noncompliance without adequate excuse (CR 45(g)).