Arkansas State Court Motion to Quash Subpoena (Civil)

MOTION TO QUASH OR MODIFY SUBPOENA

(Ark. R. Civ. P. 45(b); see also Rule 45(e), Rule 26(c))

[MOVANT NAME] ("Movant"), the [☐ Plaintiff / ☐ Defendant / ☐ non-party recipient of the subpoena], respectfully moves this Court under Ark. R. Civ. P. 45(b) for an order quashing in its entirety, or in the alternative modifying or conditioning, the subpoena described below, and for a protective order under Ark. R. Civ. P. 26(c) to the extent appropriate. In support, Movant states:

Identification of the subpoena. This Motion is directed to the [☐ subpoena to produce books, papers, documents, or tangible things (subpoena duces tecum, Rule 45(b)) / ☐ subpoena for a trial or hearing (Rule 45(d)) / ☐ subpoena for the taking of a deposition, including production of documents (Rule 45(e))] issued by [SUBPOENAING PARTY / ATTORNEY], dated [__/__/____], served on [SUBPOENA RECIPIENT] on [__/__/____], and commanding [attendance / production / inspection] on [__/__/____] at [TIME / PLACE] (the "Subpoena"). A true and correct copy of the Subpoena is attached as Exhibit A.

I. INTRODUCTION

1. By this Motion, Movant asks the Court to quash or modify the Subpoena under Ark. R. Civ. P. 45(b) because it is unreasonable or oppressive. [One-to-two-sentence summary — e.g., "The Subpoena is a sweeping, last-minute demand for years of records that bear no relation to the claims in this action, that include privileged matter, and that impose an oppressive burden on a non-party."]

2. The Subpoena is unreasonable or oppressive for the reason(s) checked below. In the alternative, Movant seeks a protective order under Rule 26(c) and/or an order conditioning any compliance on advancement of the reasonable cost of production under Rule 45(b)(2).

II. RELEVANT BACKGROUND

3. This action concerns [briefly describe the nature of the dispute and the claims/defenses at issue].

4. On [__/__/____], [SUBPOENAING PARTY] caused the Subpoena to issue. The Subpoena commands [describe what is commanded — attendance, categories of records, or inspection].

5. The Subpoena was served on [SUBPOENA RECIPIENT / Movant] on [__/__/____] and sets a [return / production / appearance] date of [__/__/____].

6. Promptness / timing. This Motion is made promptly and, in any event, at or before the time specified in the Subpoena for compliance, as Ark. R. Civ. P. 45(b) requires.

7. [If a deposition production subpoena and a written objection was served: "On [__/__/____] — within ten (10) days after service (or before the compliance time, being shorter) — Movant served the subpoenaing attorney with a written objection to inspection and copying under Rule 45(e). The subpoenaing party is therefore not entitled to inspect or copy the materials except by order of the court."]

8. [Meet and confer (recommended): "On [__/__/____], the undersigned [conferred / attempted to confer] with the subpoenaing party regarding the defects in the Subpoena, by [telephone / email / letter]. The parties were unable to resolve the dispute because [reason]."]

III. LEGAL STANDARD — ARK. R. CIV. P. 45

9. Quash or modify (Rule 45(b)). A subpoena may command the recipient "to produce the books, papers, documents, or tangible things designated therein; 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) quash or modify the subpoena if it is unreasonable or 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." Ark. R. Civ. P. 45(b).

10. Deposition production subpoenas (Rule 45(e)). Where a deposition subpoena commands production of documents or things, "the subpoena will be subject to the provisions of Rule 26(c) and subdivision (b) of [the] rule." A person served may, "within ten (10) days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than ten (10) days after service, serve upon the attorney causing the subpoena to be issued written objection to inspection or copying of any or all of the designated materials." If objection is made, the subpoenaing party "shall not be entitled to inspect and copy the materials except pursuant to an order of the court." Ark. R. Civ. P. 45(e). A deposition witness may be required to attend only "at any place within 100 miles of where he resides, or is employed, or transacts his business in person, or at such other convenient place as is fixed by an order of court." Id.

11. Trial/hearing subpoenas (Rule 45(d)). A witness must be served at least two (2) days before the trial or hearing, and the subpoena "must be accompanied by a tender of a witness fee calculated at the rate of $30.00 per day for attendance and $0.25 per mile" for travel from the witness's residence. Ark. R. Civ. P. 45(d).

12. Protective orders (Rule 26(c)). As an alternative to or in conjunction with quashing, the Court may enter a protective order under Ark. R. Civ. P. 26(c) to protect a person from "annoyance, embarrassment, oppression, or undue burden or expense," including by forbidding the discovery, limiting its scope or terms, or restricting disclosure of trade secrets or confidential commercial information.

13. The party moving to quash bears the burden of showing that the subpoena is unreasonable or oppressive. A bare assertion of burden is insufficient; the movant should show the nature and extent of the burden, the irrelevance or disproportion of what is demanded, or the privileged/confidential character of the matter sought.

IV. ARGUMENT

Grounds Asserted (check all that apply)

☐ A. The Subpoena does not allow a reasonable time to comply.
☐ B. The Subpoena requires disclosure of privileged or otherwise protected matter.
☐ C. The Subpoena imposes an undue burden or expense (and/or compliance should be conditioned on advancement of the reasonable cost of production).
☐ D. The Subpoena is overbroad and seeks irrelevant matter.
☐ E. The Subpoena exceeds the geographic limits for a deposition (Rule 45(e), 100-mile limit) / was improperly served (Rule 45(c)–(e)).
☐ F. The Subpoena seeks trade secrets or other confidential commercial information.

A. ☐ The Subpoena Does Not Allow a Reasonable Time to Comply

14. The Subpoena was served on [__/__/____] and demands [attendance / production] on [__/__/____], leaving only [____] days. Given [the volume and nature of what is commanded / the steps required to locate, review, and produce responsive materials], that interval is unreasonable and oppressive within the meaning of Rule 45(b). The Court should quash the Subpoena or modify it to allow a reasonable period for compliance.

B. ☐ The Subpoena Requires Disclosure of Privileged or Protected Matter

15. The Subpoena seeks matter protected by [identify the privilege/protection — e.g., attorney-client privilege (Ark. R. Evid. 502); work product (Ark. R. Civ. P. 26(b)(3)); physician/psychotherapist-patient privilege (Ark. R. Evid. 503); spousal privilege (Ark. R. Evid. 504); accountant-client privilege]. No exception or waiver applies. Compelling privileged matter is oppressive, and the Court should quash the Subpoena as to such matter.

C. ☐ The Subpoena Imposes an Undue Burden or Expense

16. The Subpoena imposes an oppressive burden because [quantify — the volume of records, the hours and cost of compliance, the disruption to a non-party's operations]. At minimum, the Court should, under Rule 45(b)(2), condition any denial of this Motion on advancement by [SUBPOENAING PARTY] of the reasonable cost of producing the designated materials, estimated at $[____].

D. ☐ The Subpoena Is Overbroad and Seeks Irrelevant Matter

17. The Subpoena's categories sweep in matter with no bearing on the claims or defenses, are unlimited in time or subject, and are not within the scope of permissible discovery under Ark. R. Civ. P. 26(b). An overbroad, "fishing expedition" subpoena is unreasonable and oppressive and should be quashed or narrowed.

E. ☐ The Subpoena Exceeds Geographic Limits / Was Improperly Served

18. [For a deposition: "The Subpoena commands Movant to attend a deposition at [place], which is more than 100 miles from where Movant resides, is employed, or transacts business in person, and no court order fixes that location as a convenient place. The Subpoena therefore violates Rule 45(e)."] [For service/fee defects: "The Subpoena is also defective because [it was not served at least 2 days before the trial/hearing (Rule 45(d)) / it was not accompanied by the required witness fee and mileage (Rule 45(d), (e)) / it was not served in the manner required by Rule 45(c)]."] The Subpoena should be quashed.

F. ☐ The Subpoena Seeks Trade Secrets or Confidential Commercial Information

19. The Subpoena requires disclosure of [identify the trade-secret or proprietary commercial information (see Ark. Code Ann. § 4-75-601 et seq.)]. Compelling such disclosure is oppressive. The Court should quash the Subpoena as to such matter or, in the alternative, enter a protective order under Ark. R. Civ. P. 26(c) limiting use and disclosure.

V. RELIEF REQUESTED

20. WHEREFORE, Movant respectfully requests that this Court:

a. GRANT this Motion under Ark. R. Civ. P. 45(b);

b. QUASH the Subpoena dated [__/__/____] in its entirety; or, in the alternative,

c. MODIFY the Subpoena, and/or enter a protective order under Ark. R. Civ. P. 26(c), and/or condition any compliance on advancement by [SUBPOENAING PARTY] of the reasonable cost of production under Rule 45(b)(2); and

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

VI. PROPOSED ORDER (PRECEDENT)

A proposed order is submitted contemporaneously herewith.

[PROPOSED] ORDER ON MOTION TO QUASH OR MODIFY SUBPOENA

Before the Court is Movant's Motion to Quash or Modify Subpoena under Ark. R. Civ. P. 45(b). Having reviewed the Motion, any response, and the applicable law, and finding the Subpoena dated [__/__/____] to be [unreasonable / oppressive], the Court finds the Motion well taken and it is GRANTED. The Subpoena is QUASHED [in its entirety / in part]. [If modified: "The Subpoena is MODIFIED as follows, and compliance is directed only on the following terms: [specify]."] [If protective order: "A protective order is entered under Rule 26(c) as follows: [specify]."]

[OR] The Motion is DENIED [, conditioned on [SUBPOENAING PARTY]'s advancement of the reasonable cost of production in the amount of $[____], under Rule 45(b)(2)].

IT IS SO ORDERED this ____ day of __________, 20____.

_________________________________
Circuit Judge

VII. SIGNATURE

Respectfully submitted this ____ day of __________, 20____.

_________________________________
[ATTORNEY NAME]
Attorney for [Movant]
Arkansas Bar No.: [________________]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Telephone: [____________]
Email: [____________]

VIII. CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of __________, 20____, a true and correct copy of the foregoing Motion to Quash or Modify Subpoena and proposed order was served upon all counsel of record (or upon the adverse party), and upon the party or attorney who caused the Subpoena to be issued, in accordance with Ark. R. Civ. P. 5, by [the court's electronic filing system / U.S. Mail, first class postage prepaid / hand delivery / commercial delivery] addressed to:

[SUBPOENAING PARTY / ATTORNEY]
[OTHER PARTIES OF RECORD]
[SUBPOENA RECIPIENT, if applicable]
[ADDRESS] | [EMAIL]

_________________________________
[ATTORNEY NAME]

TIMING & PROCEDURAL NOTES (Arkansas)

Caution: File and serve before the compliance/return date passes. Rule 45(b) requires the motion to be made "promptly and in any event at or before the time specified in the subpoena for compliance."

Sources & References

• Ark. R. Civ. P. 45 — Subpoena, including 45(b) (production subpoena; quash or modify if unreasonable or oppressive / condition denial on advancement of reasonable cost), 45(c) (service), 45(d) (trial or hearing subpoena; 2-day service; witness fee + mileage), 45(e) (deposition subpoena; subject to Rule 26(c) and 45(b); written objection within 10 days; 100-mile limit), and 45(g) (contempt): https://www.arcourts.gov/rules
• Ark. R. Civ. P. 45(b) — "the court ... may (1) quash or modify the subpoena if it is unreasonable or oppressive or (2) condition denial of the motion upon the advancement ... of the reasonable cost of producing" the materials.
• Ark. R. Civ. P. 26(c) — protective orders (alternative/additional relief against annoyance, oppression, or undue burden/expense; trade-secret protection).
• Ark. R. Civ. P. 5 — service and filing of pleadings and other papers.
• Arkansas Judiciary official "Subpoena in a Civil Case" form and "Notice to Persons Subject to Subpoenas" (citing Rule 45(b), (d), (e), (g)): https://www.arcourts.gov/circuit/sites/default/files/form_subpoena.pdf