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How-To: Respond to a Motion to Quash


Background: You propounded discovery
Problem: A party has moved the Court to halt your discovery
Solution: You ask the Court to deny that party's motion to quash

I. Definitions

Discovery
modern pretrial procedure by which one party gains information held by the adverse party, concerning the case; the disclosure by the adverse party of facts, deeds and documents that are exclusively within his or her possession or knowledge and that are necessary to support the other party's position. Common types of discovery are depositions, interrogatories, production of documents and requests for admissions.
EXAMPLE: Alina gets into an accident when her rear wheels stop for no reason, causing the car to skid into a highway divider. In her lawsuit against the car manufacturer, Alina uses the discovery procedure to obtain memos and test run results that the manufacturer used in designing the car. Without discovery, Alina may not be able to acquire that information.
Quash

II. Legal Citations

Rule 26(b)(1) Fed. R. Civ. P. | Discovery Scope and Limits
"Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case"
Rule 45(d)(3) Fed. R. Civ. P. | Subpoena Enforcement
"(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash...”"
Rule 1.410(c) Fla. R. Civ. P. | Subpoena
"but the court, on motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive... On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought or the form requested is not reasonably accessible because of undue costs or burden ...the court may nonetheless order discovery... considering the limitations set out in rule 1.280(d)(2)"
§120.569(2)(k) Florida Statutes | Decisions Which Affect Substantial Interest
"1. Any person subject to a subpoena may, before compliance and on timely petition, request the presiding officer having jurisdiction of the dispute to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material."

III. Samples

# PDF Comments
01logoAdobeTBD case. Pro Se Filing. USFLMD. Non-Party. Defendant Employee. Lack Standing/Merit. BifurcatediconPriceTag
02logoAdobe- Withdrawn. 2007. Attorney Filing. USNYWD. Confidentiality Stipulation.iconPriceTag
03logoAdobePartially Granted. 2007. Attorney Filing. USNYWD. Boilerplate Objections ("embarass", "burden", etc.)iconPriceTag
04logoAdobe✓✓ Quash Denied! 2007. Attorney Filing. USNYWD. DNA. Confession.iconPriceTag
05logoAdobe¿ Unknown Result ? 2006. Attorney Filing. DOAH. Invalid Reasons. Civil Rights Case.iconPriceTag
06logoAdobe✓✓ Quash Denied! 2006. Attorney Filing. DOAH. Boilerplate objections. Civil Rights Case.iconPriceTag
07logoAdobe¿ Unknown Result ? 2011. DOAH. Deposition.iconPriceTag
08logoAdobeX Quash Granted. 2011. Attorney Filing. DOAH. Deposition of Agency's In-House Counsel.iconPriceTag
09logoAdobe✓✓ Quash Denied! 2018. TBD case. Pro Se Filing. "Apex Doctrine"iconPriceTag


IV. Templates

# Link Comments
1iconMSWordDOAH | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe").iconPriceTag
2iconMSWordUSFLMD | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe").iconPriceTag


V. Application

  • Important Note: The Judge has "broad discretion" for handling Motions to Quash.
    "We also find that the provision for protective orders in the Washington Rules requires, in itself, no heightened First Amendment scrutiny. To be sure, Rule 26(c) confers broad discretion on the trial court to decide when a protective order is appropriate and what degree of protection is required. The Legislature of the State of Washington, following the example of the Congress in its approval of the Federal Rules of Civil Procedure, has determined that such discretion is necessary, and we find no reason to disagree."

    "...The litigant can compel the third party to be deposed and to produce tangible evidence at the deposition by serving the third party with a subpoena pursuant to Rule 45. Rule 45(b)(1) authorizes a trial court to quash or modify a subpoena of tangible evidence "if it is unreasonable and oppressive.""

VI. Quick Commentary

  • Note: Defendants file Motions to Quash on an almost routine basis
  • Note: Defendants usually accompany Motions to Quash with Motions for Protective Order
  • Good News: Your opponent will likely use plenty of boilerplate objections
    • point these out
    • combat them by saying the objections are hollow (if indeed they are)
  • Pro Se Tip: Supply the Court with facts/information that supports the relevance/need of the disputed discovery items
    • consider attaching an Affidavit
    • consider attaching corroborating Exhibits
  • Please download as many sample documents as you'd like
    • Contact TBD for more free samples
  • Also, feel free to use the templates (see Part IV - above) to help draft your 'Response to Defendant's Motion to Quash'
  • Save the final version as a PDF file.
  • File it in court (or at DOAH)

VII. Bibliography

VIII. Conclusion

Motions to Quash are common to civil rights litigation. They can hinder your chances to prevail at trial (and/or negotiate a proper settlement). Plus, the decision to quash/permit is almost entirely up to the Judge. Therefore, learn how to overcome this obstacle.

Hopefully, the samples and templates listed on this page can guide you along.

...POINTS & THINGS...

Congratulations! You're now booked up on how to Respond to a Motion to Quash!

Please get the justice you deserve.

Sincerely,



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How-To: Effectuating Subpoenas How-To: Protective Order
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