State Court Motion to Quash Subpoena (Civil)

DISTRICT COURT, [___] COUNTY, COLORADO

Court Address: [STREET, CITY, STATE, ZIP]

[MOVING PARTY]'S MOTION TO QUASH OR MODIFY [DEPOSITION / RECORDS / TRIAL] SUBPOENA (C.R.C.P. 45(c))

CERTIFICATE OF CONFERRAL (C.R.C.P. 121 § 1-15(8))

Pursuant to C.R.C.P. 121 § 1-15(8), undersigned counsel conferred with [the party who issued the subpoena / opposing counsel / the self-represented party] on [__/__/____] regarding the relief requested in this Motion. The subpoenaing party [does / does not] oppose the relief requested. [If conferral was not possible: "Conferral was not feasible because [reason]."]

I. INTRODUCTION AND RELIEF REQUESTED

[MOVING PARTY NAME] ("Movant") respectfully moves the Court, pursuant to C.R.C.P. 45(c), to quash or, in the alternative, modify the subpoena described below, and to enter such protective terms as the Court deems appropriate. [One-sentence summary — e.g., "The subpoena is a sweeping, untimely demand for privileged and private records that imposes an undue burden on Movant, a non-party, and seeks matter far outside the scope of permissible discovery."]

Identification of the subpoena. This Motion is directed to the [☐ subpoena commanding attendance at a deposition / ☐ subpoena to produce records or tangible things (subpoena duces tecum) / ☐ subpoena commanding attendance and production / ☐ trial subpoena] issued by [SUBPOENAING PARTY / ATTORNEY] on [__/__/____], served on [SUBPOENA RECIPIENT] on [__/__/____], and commanding [attendance / production] on [__/__/____] at [TIME / PLACE] (the "Subpoena"). A true and correct copy of the Subpoena is attached as Exhibit A.

II. GROUNDS FOR THE MOTION

This Motion is made on the following ground(s), checked below:

☐ The Subpoena fails to allow a reasonable time to comply.
☐ The Subpoena requires disclosure of privileged or otherwise protected matter, and no exception or waiver applies.
☐ The Subpoena subjects the person to an undue burden or expense.
☐ The Subpoena is overbroad and seeks irrelevant matter beyond the scope of C.R.C.P. 26(b) (including proportionality).
☐ The Subpoena was not properly issued or served (e.g., service less than 14 days before compliance for a records subpoena; no tender of mileage where attendance is required).
☐ The Subpoena invades privacy or seeks confidential personal information without adequate justification.
☐ The Subpoena seeks a trade secret or other confidential commercial information.

III. LEGAL STANDARD — C.R.C.P. 45(c)

Under C.R.C.P. 45(c)(1), "[a] party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena," and "the issuing court must enforce this duty and impose an appropriate sanction, which may include lost earnings and reasonable attorney's fees, on a party or attorney who fails to comply." On timely motion, the issuing court may quash or modify a subpoena under C.R.C.P. 45(c)(3) where it is unreasonable or imposes an undue burden — consistent with the protections of the parallel federal Rule 45 (reasonable time for compliance; protection of privileged or other protected matter; protection against undue burden; and protection of trade secrets and confidential commercial information).

For privileged records — records of a person who provides services subject to a privilege established by C.R.S. § 13-90-107, or that person's records custodian — a subpoena "must be accompanied by an authorization signed by the privilege holder or holders or by a court order authorizing production of such records," and absent such authorization or order "the subpoenaed person shall not appear to testify and shall not disclose any of the privileged records." (C.R.C.P. 45(c)(2)(B).) For records subpoenas generally, the recipient or any party "may submit … a written objection" to production "before the earlier of the time specified for compliance or 14 days after the subpoena is served," after which the issuing party may not obtain the materials except by court order. (C.R.C.P. 45(c)(2)(C).)

The permissible scope of any subpoena is limited by C.R.C.P. 26(b): discovery must be relevant to a claim or defense and proportional to the needs of the case. "A subpoena must not be used to avoid the limits on discovery" imposed by the applicable case-management rules.

IV. ARGUMENT

A. ☐ The Subpoena Fails to Allow a Reasonable Time to Comply

[State the dates of service and compliance and explain why the interval is unreasonable given the scope commanded; for a records subpoena, note that C.R.C.P. 45(b) requires service not later than 14 days before compliance.] Because the Subpoena does not allow a reasonable time to comply, it should be quashed or modified.

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

[Identify the privilege — e.g., attorney-client, physician-patient, psychotherapist-patient, or another privilege under C.R.S. § 13-90-107 — or the work-product protection (C.R.C.P. 26(b)(4)).] The Subpoena seeks privileged matter, and [for § 13-90-107 records: "it is not accompanied by a signed authorization from the privilege holder or a court order, as C.R.C.P. 45(c)(2)(B) requires"]. The Court should quash the Subpoena as to such matter.

C. ☐ The Subpoena Subjects the Person to an Undue Burden or Expense

[Quantify the burden — volume, time, cost, disruption — and explain why it is disproportionate, especially for a non-party.] C.R.C.P. 45(c)(1) requires the issuing party to avoid such burden, and the Court should quash or modify the Subpoena and/or shift the reasonable cost of compliance.

D. ☐ The Subpoena Is Overbroad and Seeks Irrelevant Matter

[Show that the categories are unlimited in time or subject, sweep in matter with no bearing on the claims or defenses, or are not proportional under C.R.C.P. 26(b).] An overbroad subpoena that exceeds the scope of permissible discovery should be quashed or narrowed.

E. ☐ The Subpoena Was Not Properly Issued or Served

[Identify the defect — e.g., a records subpoena served fewer than 14 days before compliance (C.R.C.P. 45(b)(1)(C)); failure to tender one day's mileage where attendance is commanded (C.R.C.P. 45(b)(3)); or issuance by a person without authority.] Because the Subpoena does not comply with C.R.C.P. 45(b), it should be quashed.

F. ☐ The Subpoena Invades Privacy / Seeks Confidential Personal Information

[Identify the private information — financial, medical, employment, communications — and the affected privacy interests of Movant and any non-parties, including the privilege holder's rights the Court must consider under C.R.C.P. 45(c)(2)(B)(II).] The Court should quash or modify the Subpoena, or condition compliance on redaction and a protective order, to safeguard those interests.

G. ☐ The Subpoena Seeks a Trade Secret or Confidential Commercial Information

[Identify the trade-secret or proprietary commercial information sought.] The Court should quash the Subpoena as to such matter or condition any production on an appropriate C.R.C.P. 26(c) protective order limiting use and disclosure.

V. CONCLUSION AND REQUEST FOR RELIEF

For the foregoing reasons, Movant respectfully requests that the Court:

a. QUASH the Subpoena dated [__/__/____] in its entirety; or, in the alternative,
b. MODIFY the Subpoena and direct compliance only upon protective terms and conditions [specify — e.g., narrowed categories, redaction, cost-shifting, protective order];
c. Award Movant its reasonable expenses, including attorney's fees, under C.R.C.P. 45(c)(1) [if applicable]; and
d. Grant such further relief as the Court deems just and proper.

VI. REQUEST FOR ORAL ARGUMENT (Optional — C.R.C.P. 121 § 1-15(4))

Pursuant to C.R.C.P. 121 § 1-15(4), Movant requests oral argument because the issues presented would benefit from oral presentation. Estimated time requested: [minutes].

VII. CERTIFICATE OF COMPLIANCE (C.R.C.P. 121 § 1-15)

I hereby certify that this Motion complies with the applicable page/word limitation set forth in C.R.C.P. 121 § 1-15(1), and that, pursuant to C.R.C.P. 121 § 1-15(8), the conferral requirement has been satisfied (or is excused because [reason]).

SUPPORTING AFFIDAVIT (If relying on facts outside the record)

STATE OF COLORADO )
) ss.
COUNTY OF [___] )

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I am [the attorney of record for Movant / the witness / a party / the records custodian] and have personal knowledge of the facts stated herein.
2. Attached as Exhibit A is a true and correct copy of the Subpoena at issue, issued [__/__/____] and served [__/__/____].
3. [State the facts supporting each ground — scope and volume of records; time allowed; privilege/privacy interests; burden and cost of compliance; defect in issuance or service.]
4. [If seeking expenses: state the fees and expenses incurred.]

_______________________________
[AFFIANT NAME]

Subscribed and sworn to before me this [__] day of [__________], 20[__].

_______________________________
Notary Public — My commission expires: __________

[PROPOSED] ORDER

THIS MATTER comes before the Court on [MOVING PARTY]'s Motion to Quash or Modify Subpoena under C.R.C.P. 45(c). The Court, having reviewed the Motion, any response and reply, and being fully advised:

IT IS ORDERED that the Motion is GRANTED, and the Subpoena dated [__/__/____] is QUASHED [in whole / in part]. [If modified: "The Subpoena is MODIFIED as follows, and compliance is directed only upon the following terms and conditions: [specify]."]

[OPTIONAL] IT IS FURTHER ORDERED that [SUBPOENAING PARTY / ATTORNEY] pay Movant's reasonable expenses, including attorney's fees, in the amount of $[____], pursuant to C.R.C.P. 45(c)(1).

[OR] IT IS ORDERED that the Motion is DENIED.

BY THE COURT:

_______________________________
District Court Judge
Dated: [__/__/____]

PROCEDURAL NOTES (Colorado)

Caution: For a records subpoena, a timely written objection under C.R.C.P. 45(c)(2)(C) (before the earlier of the compliance date or 14 days after service) by itself prevents production absent a court order and may obviate the need for this Motion. Where the Subpoena commands attendance or sets a near-term return date, move promptly — and in any event before the compliance date.

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion to Quash or Modify Subpoena was filed and served via the Colorado Courts E-Filing System (or [other method]) on all counsel and self-represented parties of record, and on the subpoenaing party and the subpoena recipient/custodian, as follows:

[SUBPOENAING PARTY / COUNSEL — NAME, ADDRESS, EMAIL]
[SUBPOENA RECIPIENT / RECORDS CUSTODIAN — NAME, ADDRESS]

/s/ [ATTORNEY NAME]
[ATTORNEY NAME], #[________]
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for [MOVING PARTY]

SOURCES & REFERENCES

• C.R.C.P. 45 (subpoena; protection of persons subject to subpoena; quashing or modifying): Colorado Rules of Civil Procedure, https://www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm
• C.R.C.P. 26(b) (scope of discovery; proportionality): Colorado Rules of Civil Procedure.
• C.R.C.P. 121 § 1-15 (motions practice; conferral; page limits; oral argument): Colorado Rules of Civil Procedure.
• C.R.S. § 13-90-107 (testimonial privileges): Colorado Revised Statutes.
• Rule Change 2012(16) and the official Colorado subpoena form (reproducing Rule 45(c) and (d)): Colorado Judicial Branch, https://www.coloradojudicial.gov/