Alaska State Court Motion to Quash or Modify Subpoena (Civil)

MOTION TO QUASH OR MODIFY SUBPOENA

[MOVANT NAME] ("Movant"), [the [Plaintiff/Defendant] in this action / a non-party who has been served with the subpoena described below], by and through undersigned counsel, respectfully moves this Court, pursuant to Alaska R. Civ. P. 45 and 26(c), for an order voiding (quashing) or modifying the subpoena issued in this action and, in the alternative, for a protective order. In support, Movant states:

I. INTRODUCTION AND IDENTIFICATION OF THE SUBPOENA

1. On or about [__/__/____], [ISSUING PARTY / ISSUING ATTORNEY] caused a subpoena (the "Subpoena") to be issued under Alaska R. Civ. P. 45 and served on [Movant / [NON-PARTY NAME]]. A true and correct copy of the Subpoena is attached as Exhibit A.

2. The Subpoena commands (check all that apply):

☐ Attendance and testimony at a deposition on [__/__/____] at [TIME] at [LOCATION] (a deposition subpoena under Alaska R. Civ. P. 45(d)).
☐ Production of books, papers, documents, electronically stored information (ESI), or tangible things on or before [__/__/____] (a subpoena for documentary evidence under Alaska R. Civ. P. 45(b)), as described in [the Subpoena / Schedule A thereto].
☐ Attendance and testimony at a hearing or trial on [__/__/____] at [TIME] (a hearing/trial subpoena under Alaska R. Civ. P. 45(e)).

3. The Subpoena sets a return/compliance date of [__/__/____]. Movant files this Motion promptly and, in any event, at or before the time specified in the Subpoena for compliance, as Alaska R. Civ. P. 45(b) requires for a motion directed to documentary production.

4. [If non-party movant:] Movant is not a party to this action and seeks the protections afforded by Alaska R. Civ. P. 45 and 26(c).

II. LEGAL STANDARD

5. Documentary subpoenas — void or modify if unreasonable and oppressive. Under Alaska R. Civ. P. 45(b), a subpoena may command production of designated books, papers, documents, or tangible things; "but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) void or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or tangible things."

6. Deposition subpoenas — Rule 26(c) and Rule 45(b) apply. A subpoena directing a deponent to produce designated materials within the scope of Rule 26(b) "will be subject to the provisions of Rule 26(c) and subparagraph (b)" of Rule 45. Alaska R. Civ. P. 45(d)(1). The person to whom such a subpoena is directed may, within 10 days after service (or before the time for compliance if shorter), serve a written objection to inspection or copying; if objection is made, the party serving the subpoena may not inspect and copy except by court order. Alaska R. Civ. P. 45(d)(1).

7. Place of examination. A deposition subpoena is subject to the place-of-examination limits of Alaska R. Civ. P. 45(d)(2), which restrict where a resident or non-resident witness may be required to attend within the judicial district, unless the court orders otherwise.

8. Protective orders. On motion and for good cause, the Court may "make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense," including an order that the discovery not be had, be had only on specified terms and conditions, or be limited in scope. Alaska R. Civ. P. 26(c).

9. Scope of discovery. Discovery, including by subpoena, must fall within the scope of Alaska R. Civ. P. 26(b) — relevant to a claim or defense and proportional to the needs of the case — and may not invade privileged or protected matter.

10. Standard of review. Decisions on discovery and subpoenas, including whether to void, modify, or condition a subpoena, lie within the trial court's sound discretion.

III. GROUNDS FOR THE MOTION

☐ A. The Subpoena is unreasonable and oppressive (insufficient time to comply). [Alaska R. Civ. P. 45(b)]
☐ B. The Subpoena requires disclosure of privileged or otherwise protected matter. [Alaska R. Civ. P. 26(b), (c); 45(d)]
☐ C. The Subpoena subjects Movant to undue burden or expense and is oppressive. [Alaska R. Civ. P. 45(b); 26(c)]
☐ D. The Subpoena is overbroad and/or seeks irrelevant, disproportionate material. [Alaska R. Civ. P. 26(b)]
☐ E. The Subpoena commands attendance at a place beyond the limits of Rule 45(d)(2). [Alaska R. Civ. P. 45(d)(2)]
☐ F. The Subpoena was not properly served. [Alaska R. Civ. P. 45(c)]
☐ G. The Subpoena requires disclosure of a trade secret or other confidential commercial information. [Alaska R. Civ. P. 26(c)]

IV. ARGUMENT

A. The Subpoena Is Unreasonable and Oppressive Because It Allows Insufficient Time to Comply

11. The Subpoena was served on [__/__/____] and demands compliance by [__/__/____], leaving Movant only [____] days. Given the [volume / breadth / nature] of the materials demanded, that period is unreasonable and renders the Subpoena oppressive. The Court should void or modify the Subpoena to allow a reasonable time for compliance. Alaska R. Civ. P. 45(b).

B. The Subpoena Requires Disclosure of Privileged or Protected Matter

12. The Subpoena seeks [identify category — e.g., attorney-client communications, work product, physician-patient, or other privileged or statutorily protected materials], which are protected from disclosure under Alaska R. Civ. P. 26(b) and applicable privilege law.

13. To the extent any responsive material is withheld on privilege grounds, Movant will [serve / has served] a privilege log describing the nature of each withheld item sufficiently to enable the requesting party to assess the claim. The Court should void or modify the Subpoena to exclude privileged and protected matter and, as appropriate, enter a protective order under Alaska R. Civ. P. 26(c).

C. The Subpoena Subjects Movant to Undue Burden or Expense

14. Compliance would be unreasonable and oppressive because [describe — e.g., the request would require Movant to search [number] years of records across [systems]; restore inaccessible legacy ESI; or divert [employees] for [time] at substantial cost]. The burden and expense outweigh the likely benefit of the discovery. See Alaska R. Civ. P. 45(b); 26(b)–(c).

15. As a [non-party], Movant should not be required to subsidize this litigation. The Court should void the Subpoena or, at minimum, condition any denial of this Motion on the requesting party's advancement of Movant's reasonable cost of production, as expressly authorized by Alaska R. Civ. P. 45(b)(2).

D. The Subpoena Is Overbroad and Seeks Irrelevant or Disproportionate Material

16. The Subpoena is not reasonably limited as to [subject matter / time period / custodians] and demands material that is neither relevant to any claim or defense nor proportional to the needs of the case. See Alaska R. Civ. P. 26(b). For example, [identify specific overbroad request(s)]. The Subpoena should be voided or modified to [proposed reasonable scope].

E. The Subpoena Commands Attendance Beyond the Place-of-Examination Limits

17. The Subpoena commands [Movant / the witness] to attend at [LOCATION], which exceeds the place-of-examination limits of Alaska R. Civ. P. 45(d)(2) because [the witness is a resident of the judicial district required to attend outside the district / the witness is a nonresident required to attend at a place where the witness was not served, and no court order fixes that place]. The Court should modify the Subpoena accordingly or void it.

F. The Subpoena Was Not Properly Served

18. The Subpoena was not served in conformity with Alaska R. Civ. P. 45(c) because [describe defect — e.g., it was not served as required; required witness fees/mileage were not tendered]. The Subpoena is therefore unenforceable and should be voided.

G. The Subpoena Requires Disclosure of a Trade Secret or Confidential Commercial Information

19. The Subpoena demands [identify — e.g., trade secrets, confidential research, development, or commercial information], disclosure of which would cause competitive or commercial harm. Movant requests that the Court void or modify the Subpoena or, in the alternative, enter a protective order under Alaska R. Civ. P. 26(c) restricting use and disclosure and, if production is nonetheless required, conditioning it on appropriate confidentiality safeguards and reasonable compensation.

V. MEET-AND-CONFER NOTE

20. Counsel for Movant has in good faith [conferred / attempted to confer] with [the issuing party / counsel for the issuing party] in an effort to resolve the matters raised in this Motion without court action. [Describe efforts and dates, e.g., "Counsel exchanged correspondence on [__/__/____] and conferred by telephone on [__/__/____]."] The parties were unable to resolve [the / all] disputes, necessitating this Motion.

VI. RELIEF REQUESTED

21. WHEREFORE, Movant respectfully requests that this Court:

a. VOID (QUASH) the Subpoena in its entirety; or

b. In the alternative, MODIFY the Subpoena to [state the specific modification — e.g., narrow the categories, extend the compliance date, limit the time period/custodians, exclude privileged matter, or limit the place/scope of any deposition or appearance];

c. In the further alternative, enter a PROTECTIVE ORDER under Alaska R. Civ. P. 26(c) governing the discovery, including provisions for confidentiality and the protection of privileged and proprietary material;

d. To the extent the Motion is denied as to documentary production, CONDITION that denial on the requesting party's advancement of Movant's reasonable cost of production under Alaska R. Civ. P. 45(b)(2); and

e. Grant such other and further relief as the Court deems just and proper.

VII. PROPOSED ORDER

A proposed Order granting this Motion is submitted contemporaneously herewith.

[PROPOSED] ORDER

This matter came before the Court on the Motion to Quash or Modify Subpoena filed by [Movant] on [__/__/____]. Having considered the Motion, any opposition, and the applicable law, and good cause appearing, the Motion is GRANTED.

IT IS ORDERED that the Subpoena issued [__/__/____] and served on [Movant/non-party] is VOIDED / MODIFIED as follows: [state ruling].

DATED at __________, Alaska this ____ day of __________, 20____.

_________________________________
Superior Court Judge

VIII. SIGNATURE

DATED at __________, Alaska this ____ day of __________, 20____.

_________________________________
[ATTORNEY NAME]
Attorney for [Movant / Non-Party [NAME]]
Alaska Bar No.: [________________]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Telephone: [____________]
Email: [____________]

IX. CERTIFICATE OF SERVICE

I certify that on the ____ day of __________, 20____, a true and correct copy of the foregoing was served in accordance with Alaska R. Civ. P. 5 by [the court's electronic filing system / U.S. Mail, postage prepaid / email / hand delivery] on the following:

[ISSUING PARTY / OPPOSING COUNSEL NAME]
[ADDRESS]
[EMAIL]

[ANY OTHER AFFECTED PARTY OR PERSON]
[ADDRESS]
[EMAIL]

_________________________________
[ATTORNEY NAME]

Sources & References

• Alaska R. Civ. P. 45 — subpoena. https://courts.alaska.gov/rules/index.htm
• Alaska R. Civ. P. 45(b) — "For Production of Documentary Evidence": on a motion made promptly and at or before the time for compliance, the court "may (1) void or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or tangible things."
• Alaska R. Civ. P. 45(c) — service of subpoenas.
• Alaska R. Civ. P. 45(d) — "Subpoena for Taking Depositions — Place of Examination": documentary deposition subpoenas are "subject to the provisions of Rule 26(c) and subparagraph (b)"; 10-day written-objection procedure (45(d)(1)); place-of-examination limits (45(d)(2)).
• Alaska R. Civ. P. 45(e) — subpoena for a hearing or trial.
• Alaska R. Civ. P. 45(f) — contempt for failure, without adequate excuse, to obey a subpoena.
• Alaska R. Civ. P. 26(b) — scope of discovery (relevance and proportionality); privilege.
• Alaska R. Civ. P. 26(c) — protective orders.
• Alaska R. Civ. P. 5 — service of pleadings and other papers.