State Court Motion to Quash Subpoena (Civil)

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

[MOVING PARTY]'S MOTION TO QUASH OR MODIFY [DEPOSITION / RECORDS / TRIAL] SUBPOENA (Del. Super. Ct. Civ. R. 45(c)(3))

MOTION

[MOVING PARTY NAME] ("Movant"), [a party to this action / the non-party recipient of the subpoena], by and through undersigned counsel, hereby moves this Court pursuant to Superior Court Civil Rule 45(c)(3) to quash or, in the alternative, modify the subpoena described below. In support, Movant states:

1. Identification of the subpoena. This Motion is directed to the [☐ subpoena commanding attendance at a deposition / ☐ subpoena commanding production and inspection of books, papers, documents, or tangible things (subpoena duces tecum) / ☐ subpoena commanding inspection of premises / ☐ subpoena commanding attendance and production / ☐ trial subpoena] issued by [SUBPOENAING PARTY / ATTORNEY] on [__/__/____], 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.

2. Timeliness. This Motion is made on timely motion as required by Superior Court Civil Rule 45(c)(3), [before the time specified in the Subpoena for compliance / promptly upon service].

3. Grounds. Movant submits that the Subpoena should be quashed or modified on the following ground(s), checked below:

☐ A. Unreasonable time to comply. The Subpoena fails to allow a reasonable time for compliance. (Rule 45(c)(3)(A)(i).)

☐ B. Privileged or protected matter. The Subpoena requires disclosure of privileged or other protected matter, and no exception or waiver applies. (Rule 45(c)(3)(A)(ii).)

☐ C. Undue burden. The Subpoena subjects Movant [a non-party] to an undue burden or expense. (Rule 45(c)(3)(A)(iii); see Rule 45(c)(1).)

☐ D. Overbroad / irrelevant. The Subpoena is overbroad and seeks matter outside the scope of discovery permitted by Rule 26(b).

☐ E. Improper issuance or service. The Subpoena was not properly issued or served (e.g., issued from the wrong county; defective service under Rule 45(b); no prior notice to parties for a pre-trial production subpoena).

☐ F. Privacy / confidential personal information. The Subpoena invades privacy or seeks confidential personal information without adequate justification.

☐ G. Trade secret / confidential commercial information. The Subpoena requires disclosure of a trade secret or other confidential research, development, or commercial information, or an unretained expert's opinion. (Rule 45(c)(3)(B).)

STANDARD

Superior Court Civil Rule 45(c)(1) provides that "[a] party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena," and the Court "shall enforce this duty and impose … an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee."

Rule 45(c)(3)(A) is mandatory: "On timely motion, the Court shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance, (ii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iii) subjects a person to undue burden." In addition, under Rule 45(c)(3)(B), where a subpoena "(i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, the Court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena," or order production only upon specified conditions where the proponent shows substantial need that cannot otherwise be met without undue hardship and assures reasonable compensation.

The permissible scope of any subpoena is limited by Superior Court Civil Rule 26(b), and the Court may issue protective orders under Rule 26(c). A subpoena recipient may also serve a written objection to production "within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service," after which the issuing party may not inspect or copy the materials except pursuant to a court order. (Rule 45(c)(2)(B).)

ARGUMENT

A. ☐ Unreasonable Time to Comply. [State the dates of service and compliance and explain why the interval is unreasonable given the scope commanded.] Rule 45(c)(3)(A)(i) requires the Court to quash or modify the Subpoena.

B. ☐ Privileged or Protected Matter. [Identify the privilege — attorney-client, work product (Rule 26(b)(3)), physician-patient, or other applicable privilege.] No exception or waiver applies, and Rule 45(c)(3)(A)(ii) requires the Court to quash the Subpoena as to such matter.

C. ☐ Undue Burden. [Quantify the burden — volume, time, cost, disruption — and explain why it is disproportionate, particularly for a non-party.] Rule 45(c)(1) and (c)(3)(A)(iii) require the Court to protect Movant from this undue burden by quashing or modifying the Subpoena and/or shifting the cost of compliance.

D. ☐ Overbroad / Irrelevant. [Show that the categories are unlimited in time or subject or seek matter with no bearing on the claims or defenses, exceeding the scope of Rule 26(b).] An overbroad subpoena should be quashed or narrowed.

E. ☐ Improper Issuance or Service. [Identify the defect — e.g., issuance from the wrong county (Rule 45(a)(2)); defective service (Rule 45(b)); failure to give parties prior notice of a pre-trial production subpoena (Rule 45(b)(1)).] The Subpoena should be quashed for failure to comply with Rule 45.

F. ☐ Privacy / Confidential Personal Information. [Identify the private information — financial, medical, employment, communications — and the affected privacy interests of Movant and any non-parties.] The Court should quash or modify the Subpoena, or condition any production on a Rule 26(c) protective order, to protect those interests.

G. ☐ Trade Secret / Confidential Commercial Information. [Identify the trade-secret or proprietary commercial information, or the unretained-expert opinion, sought.] Under Rule 45(c)(3)(B), the Court should quash or modify the Subpoena, or condition any production on appropriate protective terms and reasonable compensation.

RELIEF REQUESTED

WHEREFORE, 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, Rule 26(c) protective order];
c. Award Movant its lost earnings and a reasonable attorney's fee under Rule 45(c)(1) [if applicable]; and
d. Grant such further relief as the Court deems just and proper.

Dated: [__/__/____]

[LAW FIRM NAME]

By: /s/ [COUNSEL NAME]
[COUNSEL NAME] (Bar No. [____])
[ADDRESS] | [PHONE] | [EMAIL]
Counsel for [MOVING PARTY]

[PROPOSED] ORDER

AND NOW, this [__] day of [__________], 20[__], upon consideration of [MOVING PARTY]'s Motion to Quash or Modify Subpoena, and any response thereto, IT IS HEREBY 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] [SUBPOENAING PARTY] shall pay Movant's reasonable expenses, including a reasonable attorney's fee, in the amount of $[____], pursuant to Superior Court Civil Rule 45(c)(1).

☐ The Motion is DENIED.

SO ORDERED:

_______________________________
J. [JUDGE NAME]

PROCEDURAL NOTES (Delaware)

Caution: A motion to quash must be timely — file before the compliance date specified in the Subpoena. For a document/inspection subpoena, a timely written objection under Rule 45(c)(2)(B) by itself bars inspection absent a court order and may obviate the need for this Motion. If the matter is in the Court of Chancery, apply Court of Chancery Rule 45 instead.

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion to Quash or Modify Subpoena was served upon the following via [File & ServeXpress / the Court's electronic filing system / hand delivery / email] in accordance with Superior Court Civil Rule 5:

[SUBPOENAING PARTY / COUNSEL — NAME & ADDRESS]
[SUBPOENA RECIPIENT / CUSTODIAN — NAME & ADDRESS]

/s/ [COUNSEL NAME]
[COUNSEL NAME] (Bar No. [____])
Counsel for [MOVING PARTY]

SOURCES & REFERENCES

• Del. Super. Ct. Civ. R. 45 (subpoena; protection of persons subject to subpoenas; quash or modify): Rules of Civil Procedure for the Superior Court of the State of Delaware, https://courts.delaware.gov/superior/
• Del. Super. Ct. Civ. R. 26(b), (c) (scope of discovery; protective orders): Superior Court Civil Rules.
• Del. Super. Ct. Civ. R. 5 (service): Superior Court Civil Rules.
• Potter Anderson, "The Basics of Responding to Third-Party Subpoenas" (Rule 45 quash/objection mechanics): https://www.potteranderson.com/
• Del. Ct. Ch. R. 45 (subpoenas in the Court of Chancery — for matters in that court): https://courts.delaware.gov/chancery/