State Court Motion to Quash Subpoena (Civil)

SUPERIOR COURT OF THE STATE OF CONNECTICUT

JUDICIAL DISTRICT OF [___] AT [___]

[MOVING PARTY]'S MOTION TO QUASH OR MODIFY [DEPOSITION / RECORDS / TRIAL] SUBPOENA (Conn. Gen. Stat. § 52-148e; Conn. Practice Book § 13-28)

I. THE MOTION

NOW COMES [MOVING PARTY NAME] ("Movant"), [a party to this action / the non-party recipient of the subpoena], by and through undersigned counsel, and pursuant to Conn. Gen. Stat. § 52-148e(d) and the Connecticut Practice Book respectfully moves this Court to quash or, in the alternative, modify the subpoena described below.

Identification of the subpoena. This Motion is directed to the [☐ subpoena commanding attendance at a deposition / ☐ subpoena duces tecum commanding production of books, papers, documents, or tangible things / ☐ subpoena commanding attendance and production / ☐ trial subpoena] issued by [SUBPOENAING PARTY / ISSUING AUTHORITY] 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.

This Motion is made promptly and, in any event, at or before the time for compliance specified in the Subpoena, as Conn. Gen. Stat. § 52-148e(d) requires. In support, Movant states the grounds set forth below and in the accompanying Memorandum of Law.

II. GROUNDS FOR THE MOTION

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

☐ The Subpoena is unreasonable and oppressive (insufficient time to comply; undue burden or expense).
☐ The Subpoena requires production of matter that is privileged or otherwise protected by law from discovery and is therefore not subject to production under § 52-148e(b).
☐ The Subpoena is overbroad and seeks materials that are not material to the cause of action or defense.
☐ The Subpoena seeks production of materials not within the possession or control of the person to be examined.
☐ The Subpoena was not properly issued or served (e.g., issued by an unauthorized person; a document demand not accompanied by a testimonial subpoena as required by P.B. § 13-28).
☐ The Subpoena invades privacy or seeks confidential personal information without adequate justification.
☐ The Subpoena seeks a trade secret or other confidential commercial information.

III. MEMORANDUM OF LAW

A. Standard Under Conn. Gen. Stat. § 52-148e

A subpoena duces tecum "may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents or tangible things which are material to the cause of action or the defense of the party at whose request the subpoena was issued and within the possession or control of the person to be examined. However, no subpoena may compel the production of matters which are privileged or otherwise protected by law from discovery." (Conn. Gen. Stat. § 52-148e(b).)

The court's authority to quash is set by § 52-148e(d): "The court in which the cause is pending may, upon motion made promptly and in any event at or before the time for compliance specified in a subpoena …, (1) quash or modify the subpoena if it is unreasonable and oppressive or if it seeks the production of materials not subject to production under the provisions of subsection (b) of this section, or (2) condition denial of the motion upon the advancement by the party who requested the subpoena of the reasonable cost of producing the materials which he is seeking."

A subpoena recipient may also serve a written objection to production "within fifteen days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than fifteen days after service." (§ 52-148e(c).) If objection is made, the requesting party "shall not be entitled to inspect and copy the disputed materials except pursuant to an order of the court in which the cause is pending." (Id.) Connecticut Practice Book § 13-28 governs deposition subpoenas; requests for the production of documents must be accompanied by a testimonial subpoena.

B. Argument

1. ☐ The Subpoena Is Unreasonable and Oppressive

[Explain why the Subpoena is unreasonable and oppressive — e.g., it allows insufficient time, imposes a disproportionate burden of collection and review, or is duplicative or harassing.] Under § 52-148e(d)(1), an unreasonable and oppressive subpoena must be quashed or modified.

2. ☐ The Subpoena Seeks Privileged or Otherwise Protected Matter

[Identify the privilege or protection — e.g., attorney-client privilege, work product, physician-patient (Conn. Gen. Stat. § 52-146o), psychiatrist-patient (§ 52-146d et seq.), or another statutory protection.] Because § 52-148e(b) bars any subpoena from compelling matter that is "privileged or otherwise protected by law from discovery," the Subpoena must be quashed as to such matter.

3. ☐ The Subpoena Is Overbroad / Seeks Immaterial Matter

[Show that the categories are not "material to the cause of action or the defense" within § 52-148e(b) — unlimited in time or subject, or seeking matter with no bearing on the claims or defenses.] The Subpoena seeks materials not subject to production and should be quashed or narrowed.

4. ☐ The Materials Are Not Within the Recipient's Possession or Control

[Explain that the recipient does not possess or control the materials commanded.] Section 52-148e(b) limits production to materials "within the possession or control of the person to be examined"; the Subpoena should be quashed as to materials the recipient does not possess or control.

5. ☐ The Subpoena Was Not Properly Issued or Served

[Identify the defect — e.g., issued by a person without authority under § 52-148e(a); a document-production demand not accompanied by a testimonial subpoena as Practice Book § 13-28 requires; or defective service.] The Subpoena should be quashed for failure to comply with § 52-148e and the Practice Book.

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

[Identify the private information — financial, medical, employment, communications — and the privacy interests of Movant and any non-parties.] The Court should quash or modify the Subpoena, or condition any production on a protective order under Practice Book § 13-5, to protect those interests.

7. ☐ 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 production on an appropriate protective order.

C. Conclusion

For the foregoing reasons, Movant respectfully requests that the Court GRANT this Motion and quash the Subpoena in its entirety or, in the alternative, modify it and direct compliance only upon protective terms and conditions [specify], and grant such further relief as the Court deems just.

IV. ORDER

The foregoing Motion to Quash or Modify Subpoena having been heard, it is hereby:

☐ GRANTED. 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]."]

☐ DENIED, on condition that the party who requested the Subpoena advance the reasonable cost of producing the materials sought, pursuant to Conn. Gen. Stat. § 52-148e(d)(2).

☐ DENIED.

BY THE COURT,

_______________________________
Hon. [JUDGE NAME]
Judge / Judge Trial Referee
Dated: [__/__/____]

PROCEDURAL NOTES (Connecticut)

Caution: The § 52-148e(d) deadline is tight — the motion must be made promptly and at or before the time for compliance. For a records subpoena, also consider serving the written objection under § 52-148e(c), which by itself prevents inspection absent a court order. Move without delay.

V. CERTIFICATION OF SERVICE (Practice Book § 10-12 et seq.)

I hereby certify that a copy of the foregoing Motion to Quash or Modify Subpoena was [mailed / emailed / delivered electronically via the Judicial Branch e-services system] on [__/__/____] to all counsel and self-represented parties of record, and to the subpoenaing party and the subpoena recipient, as follows:

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

_______________________________
[ATTORNEY NAME], Esq. (Juris No. [____])
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for [MOVING PARTY]

SOURCES & REFERENCES

• Conn. Gen. Stat. § 52-148e (issuance of deposition subpoena; production; objection; quash or modify): https://www.cga.ct.gov/current/pub/chap_899.htm
• Conn. Practice Book § 13-28 (depositions; subpoena duces tecum): Official Connecticut Practice Book, https://www.jud.ct.gov/pb.htm
• Conn. Practice Book § 13-5 (protective orders): Official Connecticut Practice Book.
• Conn. Gen. Stat. § 52-655 et seq. (Connecticut Interstate Depositions and Discovery Act): https://www.cga.ct.gov/
• Connecticut Judicial Branch, "Connecticut Law About Subpoenas": https://www.jud.ct.gov/lawlib/Law/subpoenas.htm