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Wisconsin Motion to Quash a Subpoena

Wis. Stat. § 805.07(3): move promptly and at or before the compliance time.

Find out where you stand in Wisconsin

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Introduction

Wis. Stat. § 805.07(3) governs. A motion to quash or modify must be made promptly and in any event at or before the time specified in the subpoena for compliance. The subpoena must be obeyed unless it is quashed or modified.

Key Things to Know

  1. 1

    Wisconsin's own rule is Wis. Stat. § 805.07, Subpoena, with protective orders in subsection (3). A subpoena must be obeyed unless it is quashed or modified as the rule allows. Never simply ignore it.

  2. 2

    Timing: the motion must be made promptly and in any event at or before the time specified in the subpoena for compliance (§ 805.07(3)).

  3. 3

    Ground: the court may quash or modify the subpoena if it is unreasonable and oppressive (§ 805.07(3)). Separately, for good cause shown, the court may protect a person from annoyance, embarrassment, oppression, or undue burden or expense (§ 804.01(3)(a)).

  4. 4

    Costs: the court may condition denial of the motion on the requesting party advancing the reasonable cost of producing the material (§ 805.07(3)(b)).

  5. 5

    Notice: notice of a third-party discovery subpoena must go to all parties at least 10 days before the scheduled deposition, unless all parties agree (§ 805.07(2)(b)). Documents are not to be provided before the subpoena date, and § 805.07(2)(d) provides a clawback for inadvertently produced privileged material.

  6. 6

    Procedure: Wis. Stat. § 805.07 and § 804.01(3) set no general conference requirement for subpoena motions, apart from electronic-discovery conferral in § 804.01(2)(e)1r. Motions may be heard as prescribed in § 807.13 (§ 805.07(6)).

  7. 7

    For a subpoena from another state, Wis. Stat. § 887.24 (UIDDA) has the clerk issue a Wisconsin subpoena. A motion to quash or modify is a special proceeding in the circuit court of the county where discovery is conducted, and the court may award a prevailing party fees (§ 887.24(6)).

Key decisions before you file

Before you file a Motion to Quash in Wisconsin, 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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Wisconsin Requirements for Motion to Quash

  • Do Not Ignore the Subpoena

    A subpoena must be obeyed unless it is quashed or modified as Wis. Stat. § 805.07 allows. Move promptly and at or before the compliance time.

  • Promptly and At or Before Compliance

    The motion must be made promptly and in any event at or before the time specified in the subpoena for compliance (Wis. Stat. § 805.07(3)).

  • Unreasonable and Oppressive Standard

    The court may quash or modify a subpoena that is unreasonable and oppressive (Wis. Stat. § 805.07(3)).

  • Good Cause Protective Order

    For good cause shown, the court may protect a person from annoyance, embarrassment, oppression, or undue burden or expense (Wis. Stat. § 804.01(3)(a)).

  • Advancement of Production Costs

    The court may condition denial of the motion on the requesting party advancing the reasonable cost of producing the material (Wis. Stat. § 805.07(3)(b)).

  • 10-Day Notice to Parties

    Notice of a third-party discovery subpoena goes to all parties at least 10 days before the scheduled deposition, unless all parties agree (Wis. Stat. § 805.07(2)(b)).

  • UIDDA Venue

    For a foreign subpoena, the motion is a special proceeding in the circuit court of the county where discovery is conducted (Wis. Stat. § 887.24(6)(a)).

  • Fee Awards on Foreign Subpoenas

    The court may award any prevailing party reasonable attorney fees and expenses on a foreign subpoena (Wis. Stat. § 887.24(6)(c)).

Frequently Asked Questions