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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. 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."

II. Samples

# PDF Comments
1TBD case. Pro Se Filing. USFLMD. Non-Party. Defendant Employee. Lack Standing/Merit. Bifurcated
2- Withdrawn. 2007. Attorney Filing. USNYWD. Confidentiality Stipulation.
3Partially Granted. 2007. Attorney Filing. USNYWD. Boilerplate Objections ("embarass", "burden", etc.)
4✓✓ Quash Denied! 2007. Attorney Filing. USNYWD. DNA. Confession.
5¿ Unknown Result ? 2006. Attorney Filing. DOAH. Invalid Reasons. Civil Rights Case.
6✓✓ Quash Denied! 2006. Attorney Filing. DOAH. Boilerplate objections. Civil Rights Case.
7¿ Unknown Result ? 2011. DOAH. Deposition.
8X Quash Granted. 2011. Attorney Filing. DOAH. Deposition of Agency's In-House Counsel.
9✓✓ Quash Denied! 2018. TBD case. Pro Se Filing. "Apex Doctrine"

III. Templates

# Word Comments
1DOAH | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").
2USFLMD | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").

IV. Quick Commentary

  • Important Note: The Judge has "broad discretion" for handling Motions to Quash.
  • 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 III - 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)

V. Bibliography

VI. 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.

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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