Arizona State Court Motion to Quash Subpoena (Civil)

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY]

MOTION TO QUASH OR MODIFY SUBPOENA

(Ariz. R. Civ. P. 45(e)(2))

[MOVANT NAME] ("Movant"), the [☐ Plaintiff / ☐ Defendant / ☐ non-party recipient of the subpoena], respectfully moves this Court under Ariz. R. Civ. P. 45(e)(2) for an order quashing in its entirety, or in the alternative modifying or directing compliance only upon protective terms and conditions, the subpoena described below, and for such relief as the Court deems just under Rule 45(e). In support, Movant states as follows:

Identification of the subpoena. This Motion is directed to the [☐ subpoena commanding attendance at a deposition / ☐ subpoena commanding attendance at a hearing / ☐ subpoena commanding attendance at trial / ☐ subpoena to produce documents, electronically stored information, or tangible things (subpoena duces tecum) / ☐ combined subpoena] 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 Ariz. R. Civ. P. 45(e)(2). [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 undue burden on a non-party."]

2. The Subpoena is improper for the ground(s) checked below. As shown, one or more of the mandatory grounds of Rule 45(e)(2)(A) requires the Court to quash or modify the Subpoena, and/or the discretionary grounds of Rule 45(e)(2)(B) warrant relief.

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, ESI, or inspection].

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

6. Timeliness. This Motion is filed before the time specified for compliance and/or within 14 days after service, as required by Ariz. R. Civ. P. 45(e)(2)(D).

7. Good-faith consultation. Before filing, the undersigned [conferred / attempted in good faith to confer] with the subpoenaing party regarding the defects in the Subpoena on [__/__/____], by [telephone / email / letter / videoconference]. The parties [were unable to resolve the dispute / resolved part but not all of the dispute] because [reason]. A good-faith consultation certificate under Ariz. R. Civ. P. 7.1(h) is filed herewith.

8. [If a written objection was served: "On [__/__/____], Movant also served a timely written objection to the production/inspection commanded by the Subpoena under Rule 45(c)(6)(A). The subpoenaing party may not inspect or copy the materials subject to that objection except by court order."]

III. LEGAL STANDARD — ARIZ. R. CIV. P. 45(e)

9. Mandatory grounds (Rule 45(e)(2)(A)). "On timely motion, the court in the county where the case is pending or from which a subpoena was issued must quash or modify a subpoena if it: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party's officer to travel to a location other than the places specified in Rule 45(b)(3)(B); (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden or expense." Ariz. R. Civ. P. 45(e)(2)(A).

10. Discretionary grounds (Rule 45(e)(2)(B)). On timely motion, the court "may quash or modify a subpoena if: (i) it requires disclosing a trade secret or other confidential research, development, or commercial information; (ii) it requires disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; (iii) it requires a person who is neither a party nor a party's officer to incur substantial travel expense; or (iv) justice so requires." Ariz. R. Civ. P. 45(e)(2)(B).

11. Conditions as an alternative (Rule 45(e)(2)(C)). In the circumstances described in Rule 45(e)(2)(B), the court may, instead of quashing or modifying, order appearance or production under specified conditions — "including any conditions and limits set forth in Rule 26(c)" — if the subpoenaing party shows a substantial need that cannot otherwise be met without undue hardship and assures reasonable compensation for the affected expenses.

12. Duty to avoid undue burden; response expenses; sanctions (Rule 45(e)(1)). A party or attorney responsible for serving a subpoena must take reasonable steps to avoid imposing undue burden or expense. For a subpoena seeking production of materials or inspection of premises, the party seeking discovery generally must pay the subpoenaed person's reasonable response expenses unless the court orders otherwise for good cause. A person seeking expenses beyond routine statutory clerical and copying costs must timely object, explain that payment is necessary to avoid undue burden, and provide an advance estimate. The issuing court must impose an appropriate sanction — which may include lost earnings and reasonable attorney's fees — on a party, attorney, or person who fails to comply with Rule 45(e)(1)(A) or (B). Ariz. R. Civ. P. 45(e)(1)(A)–(B).

13. Geographic limits (Rule 45(b)(3)). A trial subpoena may require a person to travel from anywhere within the state (Rule 45(b)(3)(A)), but a deposition or hearing subpoena directed to a person who is neither a party nor a party's officer may not require travel other than to: (i) the county where the person resides or transacts business in person; (ii) the county where the person is served, or within 40 miles from the place of service; or (iii) a convenient place fixed by court order. Ariz. R. Civ. P. 45(b)(3)(B).

IV. ARGUMENT

Grounds Asserted (check all that apply)

☐ A. The Subpoena does not allow a reasonable time to comply (Rule 45(e)(2)(A)(i)).
☐ B. The Subpoena requires a non-party to travel beyond the limits of Rule 45(b)(3)(B) (Rule 45(e)(2)(A)(ii)).
☐ C. The Subpoena requires disclosure of privileged or other protected matter (Rule 45(e)(2)(A)(iii)).
☐ D. The Subpoena subjects a person to undue burden or expense (Rule 45(e)(2)(A)(iv)).
☐ E. The Subpoena is overbroad and seeks irrelevant matter (Rule 45(e)(2)(A)(iv); Rule 26(b)(1)).
☐ F. The Subpoena was not properly issued or served (Rule 45(b)–(d)).
☐ G. The Subpoena seeks a trade secret or confidential commercial information / an unretained expert's opinions (Rule 45(e)(2)(B)).

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. The Court must quash or modify the Subpoena under Rule 45(e)(2)(A)(i), or at minimum extend the compliance date to [proposed date].

B. ☐ The Subpoena Requires a Non-Party to Travel Beyond Rule 45(b)(3)(B)

15. Movant is neither a party nor a party's officer. The Subpoena — for a [deposition / hearing] — commands Movant to travel to [place], which is not (i) the county where Movant resides or transacts business in person, (ii) the county of service or within 40 miles of the place of service, or (iii) a convenient place fixed by court order. Because the Subpoena exceeds the geographic limits of Rule 45(b)(3)(B), the Court must quash or modify it. Ariz. R. Civ. P. 45(e)(2)(A)(ii).

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

16. The Subpoena seeks matter protected by [identify the privilege/protection — e.g., attorney-client privilege (A.R.S. § 13-4062(2)); work-product material (Rule 26(b)(4)); physician-patient privilege (A.R.S. § 12-2235); spousal privilege; accountant-client privilege]. No exception or waiver applies. A subpoena may not be used to compel privileged or protected matter, and the Court must quash the Subpoena as to such matter. Ariz. R. Civ. P. 45(e)(2)(A)(iii).

D. ☐ The Subpoena Subjects a Person to Undue Burden or Expense

17. The Subpoena imposes an undue burden because [quantify — the volume of records, the hours and cost of compliance, the disruption to a non-party's operations, the disproportion to any legitimate need under Rule 26(b)(1)]. The serving party did not take reasonable steps to avoid this burden as Rule 45(e)(1)(A) requires. [For a production/inspection subpoena: Movant timely objected that the following non-routine response expenses would cause undue burden without payment and provided this advance estimate: [ITEMIZED ESTIMATE].] The Court must quash or modify the Subpoena under Rule 45(e)(2)(A)(iv), order payment of reasonable response expenses under Rule 45(e)(1)(B), and, if noncompliance with Rule 45(e)(1)(A) or (B) is shown, impose an appropriate sanction.

E. ☐ The Subpoena Is Overbroad and Seeks Irrelevant Matter

18. The Subpoena's categories sweep in matter with no bearing on the claims or defenses, are unlimited in time or subject, and are not proportional to the needs of the case under Rule 26(b)(1). An overbroad, "fishing expedition" subpoena imposes an undue burden and should be quashed or narrowed under Rule 45(e)(2)(A)(iv).

F. ☐ The Subpoena Was Not Properly Issued or Served

19. The Subpoena is defective because [identify the defect — e.g., it did not issue from the proper superior court (Rule 45(b)(1)/(c)(1)); the required witness fee and mileage were not tendered (Rule 45(d)(1)); the notice and copy required before service on the recipient was not given to other parties (Rule 45(d)(3)); or service did not comply with Rule 45(d)]. Because it was not properly [issued / served], the Subpoena is unenforceable and should be quashed.

G. ☐ The Subpoena Seeks Trade Secrets / Confidential Information or Unretained-Expert Material

20. The Subpoena requires disclosure of [a trade secret as defined by A.R.S. § 44-401(4), or other confidential research, development, or commercial information / an unretained expert's opinions not describing specific occurrences in dispute]. Under Rule 45(e)(2)(B), the Court should quash or modify the Subpoena as to such matter or, in the alternative under Rule 45(e)(2)(C), condition any disclosure on an appropriate protective order under Rule 26(c) limiting use and disclosure and assuring reasonable compensation.

V. RELIEF REQUESTED

21. WHEREFORE, Movant respectfully requests that this Court:

a. GRANT this Motion under Ariz. R. Civ. P. 45(e)(2);

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

c. MODIFY the Subpoena and direct compliance only upon protective terms and conditions — including a protective order under Rule 26(c) and/or payment of Movant's reasonable expenses under Rule 45(e)(1)(B) — as set forth above;

d. ORDER payment of Movant's reasonable response expenses under Rule 45(e)(1)(B) and, if the Court finds noncompliance with Rule 45(e)(1)(A) or (B), impose an appropriate sanction, which may include lost earnings and reasonable attorney's fees; and

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

VI. PROPOSED ORDER

A proposed form of order is lodged contemporaneously herewith.

[PROPOSED] ORDER ON MOTION TO QUASH OR MODIFY SUBPOENA

The Court, having considered Movant's Motion to Quash or Modify Subpoena under Ariz. R. Civ. P. 45(e)(2), any response and reply, and the good-faith consultation certificate, and good cause appearing, GRANTS the Motion. The Subpoena dated [__/__/____] is QUASHED [in its entirety / in part]. [If modified: "The Subpoena is MODIFIED as follows, and compliance is directed only upon the following terms and conditions, including the protective order set forth herein: [specify]."] [If response expenses: "[SUBPOENAING PARTY] shall pay Movant's reasonable response expenses in the amount of $[____] under Rule 45(e)(1)(B)."] [If sanction: "Because [PARTY / ATTORNEY / PERSON] failed to comply with Rule 45(e)(1)(A) or (B), the Court imposes the following sanction: [LOST EARNINGS / REASONABLE ATTORNEY'S FEES / OTHER APPROPRIATE SANCTION]."]

[OR] The Motion is DENIED.

DATED this ____ day of __________, 20____.

_________________________________
Judge of the Superior Court

VII. SIGNATURE

RESPECTFULLY SUBMITTED this ____ day of __________, 20____.

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
State Bar of Arizona No.: [________________]
Attorney for [Movant]
[ADDRESS]
[CITY, STATE ZIP]
Telephone: [____________]
Email: [____________]

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I [electronically filed the foregoing Motion to Quash or Modify Subpoena with the Clerk of the Superior Court using the AZTurboCourt / court e-filing system, which served a copy on all counsel of record] and/or served a copy in accordance with Ariz. R. Civ. P. 5 by [U.S. Mail / email / hand delivery] on the following, including the party or attorney who served the Subpoena (Ariz. R. Civ. P. 45(e)(2)(E)) and all other parties:

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

_________________________________
[NAME]

TIMING & PROCEDURAL NOTES (Arizona)

Caution: File and serve before the compliance/return date passes. Rule 45(e)(2)(D) sets a hard 14-day-or-earlier limit.

Sources & References

• Ariz. R. Civ. P. 45 — Subpoena (eff. June 26, 2024), including 45(b)(3) (place of appearance), 45(c)(6) (objections; duty to confer), 45(d) (service), and 45(e) (protecting a person subject to a subpoena; motion to quash or modify): https://govt.westlaw.com/azrules (Rules of Civil Procedure, Rule 45).
• Ariz. R. Civ. P. 45(e)(2)(A) — mandatory grounds to quash or modify. 45(e)(2)(B) — discretionary grounds. 45(e)(2)(C) — conditions as an alternative (Rule 26(c) limits). 45(e)(2)(D) — timing (before compliance or within 14 days, whichever earlier). 45(e)(2)(E) — service of the motion. 45(e)(1) — undue-burden duty and mandatory sanctions.
• Ariz. R. Civ. P. 7.1(h) — good-faith consultation certificate (required for any motion regarding compliance with a subpoena; Rule 45(c)(6)(C)).
• Ariz. R. Civ. P. 26(c) — protective orders (alternative/additional relief).
• Ariz. R. Civ. P. 37(a) — motion to compel compliance (the serving party's counterpart motion).
• Ariz. R. Civ. P. 5 — service of motions and other papers.
• Maricopa County Superior Court civil subpoena form (SCCV / cvsu) and the standard "Your Right To Object To This Subpoena" instructions citing Rule 45(c), (d), and (e): https://superiorcourt.maricopa.gov.