Washington DC Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Under D.C. Super. Ct. Civ. R. 45(c)(1), the court must sanction a party or attorney who fails to avoid undue burden. Rule 45(f) addresses contempt. Never simply ignore a subpoena.

2. 2

   Washington DC has its own Superior Court Rule 45 that mirrors the federal rule in most respects. What is still distinct: a 25-mile limit instead of 100, compliance within the District of Columbia unless agreed or court-fixed, and notice to parties before a pre-trial document subpoena is served.

3. 3

   A written objection to a production or inspection subpoena must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served (Rule 45(c)(2)(B)).

4. 4

   A written objection and a motion to quash are different steps. A motion to quash or modify must be 'timely' under Rule 45(c)(3)(A), and the rule gives no day count for it.

5. 5

   On timely motion the court must quash or modify a subpoena that fails to allow reasonable time to comply, requires a non-party to travel more than 25 miles, requires privileged or protected matter, or subjects a person to undue burden (Rule 45(c)(3)(A)). Under Rule 45(c)(3)(B), the court may also quash or modify for trade secrets, unretained expert opinion or substantial travel expense.

6. 6

   Rule 45 has no meet-and-confer requirement of its own. Rule 45(a)(4) requires notice and a copy of a pre-trial documents subpoena to be served on each party before service on the witness. Under Rule 45(c)(1), the court must sanction a party or attorney who fails to avoid undue burden.

7. 7

   The Superior Court issues and hears subpoena motions, and Rule 45(e) allows transfer to the court where the action is pending if the person consents or in exceptional circumstances. For out-of-state subpoenas, the Rule 45 comment references D.C. Code Sections 13-441 to 13-448 and notes that the clerk issues the subpoena.

Washington DC Requirements for Motion to Quash

• Sanctions and Contempt

  The court must impose an appropriate sanction, which may include lost earnings and reasonable attorney's fees, on a party or attorney who fails to avoid undue burden (D.C. Super. Ct. Civ. R. 45(c)(1)); Rule 45(f) addresses contempt.

• Written Objection Window

  A written objection to a production or inspection subpoena must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served (Rule 45(c)(2)(B)).

• Objection Is Not a Motion

  The written objection under Rule 45(c)(2)(B) is separate from a motion to quash or modify under Rule 45(c)(3), which must be 'timely' (Rule 45(c)(3)(A)).

• Mandatory Grounds

  The motion states its grounds in the alternative: unreasonable time to comply; non-party travel over 25 miles; privileged or protected matter; undue burden (Rule 45(c)(3)(A)).

• Permissive Grounds

  Trade secret or confidential commercial information, unretained expert opinion, and substantial expense to travel over 25 miles to trial (Rule 45(c)(3)(B)).

• 25-Mile Limit

  The travel limit for a non-party is 25 miles from where the person resides, is employed, or regularly transacts business in person (Rule 45(c)(3)(A)).

• Notice to Parties Before Service

  Notice and a copy of a pre-trial documents subpoena must be served on each party before service on the witness (Rule 45(a)(4)).

• Court and Transfer

  The Superior Court issues and hears the motion; Rule 45(e) allows transfer to the court where the action is pending if the person consents or in exceptional circumstances.

• Out-of-State Subpoenas

  The Rule 45 comment references the Uniform Interstate Depositions and Discovery Act, D.C. Code Sections 13-441 to 13-448, and notes that the clerk issues the subpoena for service.