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

MOTION TO QUASH OR MODIFY SUBPOENA

[MOVANT NAME] ("Movant"), [a party / a non-party] served with the subpoena described below, by and through undersigned counsel, respectfully moves this Court under [Alaska R. Civ. P. 45(b) for documentary production / Alaska R. Civ. P. 26(c) for deposition discovery / both as applicable] for an order voiding or modifying the documentary command, or prohibiting or limiting the deposition discovery, as applicable. 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].

3. The Subpoena sets a return/compliance date of [__/__/____]. For documentary production challenged under Rule 45(b), Movant files this Motion promptly and at or before the time specified for compliance. For deposition discovery challenged under Rule 26(c), the reason relief is needed before [__/__/____] is [________________].

4. [If non-party movant:] Movant is not a party to this action and seeks the relief available under Alaska R. Civ. P. 45(b) [and Rule 26(c), if applicable].

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, electronically stored information, 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. Under Alaska R. Civ. P. 45(d)(2), a resident of the judicial district where the deposition is taken may be required to attend anywhere within that district; a nonresident of that district subpoenaed in Alaska may be required to attend anywhere within the district where served, 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 the subject matter involved in the pending action, subject to Rule 26(b)(2)(A) limitations — and may not invade privileged or protected matter.

10. Requested findings. Movant asks the Court to find that the identified documentary or deposition command is unreasonable and oppressive under Rule 45(b), or that good cause supports the requested discovery protection under Rule 26(c), based on the facts below.

III. GROUNDS FOR THE MOTION

☐ A. The documentary command is unreasonable and oppressive, or the deposition timing creates undue burden (insufficient time to comply). [Alaska R. Civ. P. 45(b) / 26(c), as applicable]
☐ 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 material or material whose burden or expense outweighs its likely benefit. [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 discovery demanded, that period is unreasonable or unduly burdensome. The Court should void or modify the documentary command under Rule 45(b), or set protective terms for the deposition under Rule 26(c), as applicable.

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 otherwise discoverable material is withheld on privilege or trial-preparation grounds, Movant [will expressly claim / has expressly claimed] the protection and describe the nature of the withheld material sufficiently to permit assessment without revealing protected information, as Rule 26(b)(5) requires. The Court should void or modify the Subpoena to exclude privileged or protected matter and, as appropriate, enter a protective order under Rule 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. The Court should void the documentary command or, at minimum, condition any denial of this Motion on advancement of the reasonable cost of production by the person on whose behalf the subpoena issued, as Rule 45(b)(2) permits. The estimated reasonable cost is $[____], supported by [________________].

D. The Subpoena Is Overbroad and Seeks Irrelevant or Unduly Burdensome Material

16. The Subpoena is not reasonably limited as to [subject matter / time period / custodians] and demands material that is outside the subject matter of this action or unduly burdensome under Rule 26(b)(2)(A). 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 resides in the deposition district but is required to attend outside it / the witness is a nonresident of that district subpoenaed in Alaska but is required to attend outside the district where served, with no contrary court order]. 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 the delivery or registered/certified-mail defect, or untendered attendance fees and mileage if the rule does not exempt the issuer]. The Court should void or modify the affected command.

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 documentary command or, if production is ordered, enter a protective order under Alaska R. Civ. P. 26(c)(7) specifying safeguards for use and disclosure. If the Court denies relief under Rule 45(b), Movant also requests advancement of reasonable production costs under Rule 45(b)(2).

V. CERTIFICATION OF GOOD-FAITH CONFERENCE OR ATTEMPT

20. For relief under Rule 26(c), undersigned counsel certifies that Movant has in good faith [conferred / attempted to confer] with the other affected parties to resolve the dispute without court action. The efforts and dates were [________________]; the remaining disputed issues are [________________].

VI. RELIEF REQUESTED

21. WHEREFORE, Movant respectfully requests that this Court:

a. VOID the documentary command under Rule 45(b), or prohibit the identified deposition discovery under Rule 26(c), as applicable; or

b. In the alternative, MODIFY the documentary command or set protective terms for deposition discovery 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 a deposition];

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. If the compliance date will arrive before this Motion is decided, enter an interim order extending the deadline to [__/__/____]; and

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

VII. PROPOSED ORDER

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[____] JUDICIAL DISTRICT AT [LOCATION]

Case No.: [________________]

[PROPOSED] ORDER ON MOTION TO QUASH OR MODIFY SUBPOENA

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 [in whole / in part].

IT IS ORDERED that the [documentary command is VOIDED / documentary command is MODIFIED / deposition discovery is PROHIBITED OR LIMITED] 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 [court-authorized electronic service / first-class U.S. mail / email to a consenting recipient under Rule 5.1(c) / 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. 26(b) — scope of discovery, specified limitations, and privilege.
• Alaska R. Civ. P. 26(c) — protective orders.
• Alaska R. Civ. P. 5 — service of pleadings and other papers.