Wyoming Motion to Quash a Subpoena

Q: Is a Wyoming written objection the same as a motion to quash?

No. The written objection is served on the party or attorney designated in the subpoena under 45(c)(2)(B). A motion to quash or modify under 45(c)(3) is a separate filing made to the court that issued the subpoena.

Q: What is the deadline to file a motion to quash in Wyoming?

Rule 45(c)(3) says the motion must be 'timely' and states no fixed day count. The 14-day window applies to the written objection. Do not wait for the compliance date to act.

Q: What are the grounds to quash or modify a subpoena under Wyoming Rule 45?

On timely motion, the court shall quash or modify if the subpoena (i) fails to allow reasonable time for compliance; (ii) requires a non-party to travel outside the county of residence, employment or regular business (trial attendance within the state excepted); (iii) requires disclosure of privileged or other protected matter with no exception or waiver; or (iv) subjects a person to undue burden. The court may also act to protect trade secrets or confidential commercial information, an unretained expert's opinion, or a non-party from substantial expense to travel to trial (45(c)(3)).

Q: Which Wyoming court hears a motion to quash a subpoena?

The court by which the subpoena was issued (45(c)(3)(A)). Deposition subpoenas issue from the court where the action is pending. Stand-alone production subpoenas issue from the court for the district where production is to be made (45(a)(2)).

Q: Does a Wyoming non-party have to travel outside their county for a subpoena?

Under 45(c)(3)(A)(ii), on timely motion, the court shall quash or modify a subpoena that requires a non-party to travel outside the county where they reside, are employed or regularly transact business, with trial attendance within the state excepted. Depositions are limited to that county or another place fixed by court order (45(b)(4)). Wyoming does not use the federal 100-mile rule.

Q: Do I have to confer with the other side before moving to quash in Wyoming?

Rule 45 contains no meet-and-confer requirement. Talking with the issuing party about narrowing the subpoena can still be practical, but it does not replace the deadlines for a written objection or a timely motion.

Q: Can I be sanctioned over a subpoena in Wyoming?

Under 45(c)(1), the issuing court shall enforce the duty to avoid undue burden and impose an appropriate sanction on the party or attorney in breach, which may include lost earnings and a reasonable attorney's fee. Separately, failure to obey a subpoena is contempt, except that a subpoena requiring a non-party to go beyond the county limits is an adequate excuse (45(e)).

Q: Must the other side notify parties before serving a Wyoming document subpoena?

Yes. For a pre-trial subpoena for documents or premises inspection, notice must be served on each party before the subpoena is served (45(a)(4)). Rule 45 has no separate consumer or employee records notice provision.

W.R.C.P. 45(c): object to a subpoena to produce within 14 days, or before compliance if sooner.

Find out where you stand in Wyoming

What kind of subpoena are you dealing with?

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Introduction

Under Wyoming Rule 45, written objection to a subpoena to produce is due within 14 days after service, or before compliance if that is sooner. A motion to quash must be timely. Do not ignore a subpoena: failure to obey is contempt.

Key Things to Know

1
Failure to obey a subpoena is contempt, except that a subpoena requiring a non-party to go beyond the county limits is an adequate excuse (W.R.C.P. 45(e)). Never simply ignore a subpoena.
2
Wyoming keeps its own Rule 45 rather than the current federal text. Its distinct points are a county-based travel limit for non-parties instead of a 100-mile rule, the issuing court hearing the motion, and sanctions language that names lost earnings and attorney's fees.
3
A written objection to a subpoena to produce must be served within 14 days after service of the subpoena, or before the time specified for compliance if that time is less than 14 days after service. It is served on the party or attorney designated in the subpoena (W.R.C.P. 45(c)(2)(B)).
4
A written objection and a motion to quash are separate steps. The rule says the motion must be 'timely' and gives no fixed day count (W.R.C.P. 45(c)(3)). Do not wait for the compliance date to act.
5
On timely motion, the court by which the subpoena was issued shall quash or modify it if it: (i) fails to allow reasonable time for compliance; (ii) requires a non-party to travel outside the county of residence, employment or regular business (trial attendance excepted within the state); (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden (45(c)(3)(A)).
6
The court may also quash or modify to protect a trade secret or confidential commercial information, an unretained expert's opinion, or a non-party facing substantial expense to travel to trial (45(c)(3)(B)). Electronically stored information that is not reasonably accessible is addressed in 45(d)(1)(D).
7
A party issuing a pre-trial documents or premises subpoena must serve notice on each party before service (45(a)(4)). Deposition subpoenas issue from the court where the action is pending; stand-alone production subpoenas issue from the court for the district where production is to be made (45(a)(2)). Rule 45 has no meet-and-confer requirement.

Key decisions before you file

Before you file a Motion to Quash in Wyoming, 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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IN THE [NAME OF COURT FROM WHICH THE SUBPOENA WAS ISSUED] [COUNTY] COUNTY, STATE OF WYOMING

[PLAINTIFF NAME], Plaintiff,

v. Civil Action No. [CASE NUMBER]

[DEFENDANT NAME], Defendant.

[MOVANT NAME]'S MOTION TO QUASH OR MODIFY SUBPOENA

Movant [MOVANT NAME] is [A NON-PARTY OR A PARTY] to this action and the person to whom a subpoena was directed. Under Wyoming Rule of Civil Procedure 45(c)(3), Movant moves this Court, the court by which the subpoena was issued, to quash or modify the subpoena described below.

THE SUBPOENA

On [DATE OF ISSUE], [NAME OF ISSUING PARTY OR ATTORNEY] issued a subpoena to Movant, served on [DATE SUBPOENA WAS SERVED], commanding [APPEARANCE AT DEPOSITION, PRODUCTION OF DOCUMENTS OR PREMISES ACCESS, OR BOTH] on [DATE AND TIME FOR COMPLIANCE] at [PLACE OF COMPLIANCE]. A copy is attached as Exhibit A.

TIMELINESS

This motion is timely. [IF APPLICABLE: Movant served written objection on [PARTY OR ATTORNEY DESIGNATED IN THE SUBPOENA] on [DATE OF OBJECTION].]

GROUNDS

Movant relies on the following, each stated in the alternative:

[IF APPLICABLE: (a) The subpoena fails to allow reasonable time for compliance. FACTS: [FACTS].]

[IF APPLICABLE: (b) The subpoena requires a non-party to travel outside the county where the non-party resides, is employed or regularly transacts business, and the subpoena does not command trial attendance within the state. FACTS: [FACTS].]

[IF APPLICABLE: (c) The subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies. PRIVILEGE OR PROTECTION AND FACTS: [PRIVILEGE AND FACTS].]

[IF APPLICABLE: (d) The subpoena subjects Movant to undue burden. FACTS: [FACTS].]

[IF APPLICABLE: (e) The subpoena requires disclosure of a trade secret or other confidential commercial information. FACTS: [FACTS].]

[IF APPLICABLE: (f) The subpoena requires disclosure of an unretained expert's opinion. FACTS: [FACTS].]

[IF APPLICABLE: (g) The subpoena seeks electronically stored information that is not reasonably accessible. FACTS: [FACTS].]

RELIEF REQUESTED

Movant asks the Court to [IF APPLICABLE: quash the subpoena] [IF APPLICABLE: modify the subpoena as follows: [MODIFICATION]], to [IF APPLICABLE: enter a protective order as follows: [TERMS]], and to grant any other relief the Court finds proper. [IF APPLICABLE: Movant also asks the Court to impose an appropriate sanction under Rule 45(c)(1) for breach of the duty to avoid undue burden.]

DATED: [DATE]

Respectfully submitted,

[SIGNATURE] [ATTORNEY OR MOVANT NAME] [WYOMING STATE BAR NUMBER, IF APPLICABLE] [ADDRESS] [TELEPHONE AND EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE THIS MOTION WAS SERVED] a true copy of this motion was served on [PARTY OR ATTORNEY ISSUING THE SUBPOENA] and on all other parties or their counsel of record by [METHOD OF SERVICE] at [ADDRESSES].

[SIGNATURE] [NAME]

Wyoming Requirements for Motion to Quash

Do Not Ignore the Subpoena
Failure to obey a subpoena is contempt, except that a subpoena requiring a non-party to go beyond the county limits is an adequate excuse (W.R.C.P. 45(e)). Never simply ignore a subpoena.
14-Day Written Objection Window
A written objection to a subpoena to produce is due within 14 days after service, or before the time specified for compliance if that is less than 14 days after service, served on the party or attorney designated in the subpoena (W.R.C.P. 45(c)(2)(B)).
Objection Is Not a Motion
The written objection and the motion to quash or modify are separate steps. The motion must be 'timely' and the rule gives no fixed day count (W.R.C.P. 45(c)(3)).
Four Mandatory Grounds
The motion states grounds in the alternative: (i) unreasonable time for compliance; (ii) non-party travel outside the county, trial attendance within the state excepted; (iii) privileged or protected matter with no exception or waiver; (iv) undue burden (W.R.C.P. 45(c)(3)(A)).
Permissive Grounds
The court may also quash or modify to protect a trade secret or confidential commercial information, an unretained expert's opinion, or a non-party from substantial expense to travel to trial (W.R.C.P. 45(c)(3)(B)).
County Limit for Non-Parties
On timely motion, the court shall quash or modify a subpoena requiring a non-party to travel outside the county of residence, employment or regular business, trial attendance within the state excepted (W.R.C.P. 45(c)(3)(A)(ii)). Depositions are limited to that county or another place fixed by court order (45(b)(4)).
Issuing Court Hears the Motion
The motion goes to the court by which the subpoena was issued; stand-alone production subpoenas issue from the court for the district where production is to be made (W.R.C.P. 45(a)(2), 45(c)(3)(A)).
Sanctions for Undue Burden
The issuing 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 (W.R.C.P. 45(c)(1)).

Frequently Asked Questions

How long do I have to object to a subpoena in Wyoming?

Is a Wyoming written objection the same as a motion to quash?

What is the deadline to file a motion to quash in Wyoming?

What are the grounds to quash or modify a subpoena under Wyoming Rule 45?

Which Wyoming court hears a motion to quash a subpoena?

Does a Wyoming non-party have to travel outside their county for a subpoena?

Do I have to confer with the other side before moving to quash in Wyoming?

Can I be sanctioned over a subpoena in Wyoming?

Must the other side notify parties before serving a Wyoming document subpoena?

Find out where you stand in Wyoming

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Quash Template with DocDraft

Wyoming Requirements for Motion to Quash

Do Not Ignore the Subpoena

14-Day Written Objection Window

Objection Is Not a Motion

Four Mandatory Grounds

Permissive Grounds

County Limit for Non-Parties

Issuing Court Hears the Motion

Sanctions for Undue Burden

Frequently Asked Questions