State Court Motion to Quash Subpoena (Civil) - Delaware

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

Before you use this: This motion concerns a Delaware Superior Court civil subpoena. Rule 45(c)(3) calls for a timely motion; complete it promptly in relation to the compliance date. A person commanded to produce materials or permit inspection may separately make a written Rule 45(c)(2)(B) objection within 14 days after service or before an earlier compliance date. That objection route concerns production or inspection; it does not itself resolve a command to testify.

[MOVANT]'S MOTION TO QUASH OR MODIFY SUBPOENA

[MOVANT NAME], [SUBPOENA RECIPIENT / OTHER PERSON AFFECTED, WITH BASIS FOR REQUEST], moves under Superior Court Civil Rule 45(c)(3) to quash or modify the subpoena attached as Exhibit A and states:

1. The subpoena was issued on [__/__/____] by [NAME] and served on [NAME] on [__/__/____]. It commands [ATTENDANCE / TESTIMONY / PRODUCTION / PREMISES INSPECTION] at [PLACE] on [__/__/____] at [TIME]. The motion is filed on [__/__/____].
2. Movant is affected because [EXPLAIN RELATION TO SUBPOENA AND INTEREST TO BE PROTECTED]. The relevant circumstances of service and the response due date are [________________________________].

3. The Court should quash or modify the subpoena on the following Rule 45(c)(3)(A) ground or grounds, supported by the stated facts and evidence:

   • ☐ The subpoena does not allow a reasonable time to comply: [FACTS, DATES, AND EVIDENCE].
   • ☐ It requires disclosure of privileged or protected matter, without applicable exception or waiver: [IDENTIFY MATTER, BASIS OF PROTECTION, AND SUPPORT WITHOUT REVEALING THE PROTECTED CONTENT].
   • ☐ It subjects a person to undue burden: [DESCRIBE VOLUME, COST, TIME, DISRUPTION, OR OTHER FACTS AND SUPPORTING EVIDENCE].

4. ☐ Alternatively, the subpoena calls for a trade secret or other confidential research, development, or commercial information, or the opinion or study information of an unretained expert described in Rule 45(c)(3)(B). The affected information, risk, and evidence are [________________________________]. Movant requests [QUASH / MODIFICATION / SPECIFIED CONDITIONS].

5. ☐ The subpoena also presents this issuance, service, or prior-notice defect under Rule 45(a) or (b): [IDENTIFY EXACT DEFECT, AFFECTED PROVISION, FACTS, AND EVIDENCE].
6. A narrower alternative, if the Court does not quash the subpoena, is [EXACT LIMIT ON DATE, SUBJECT, CUSTODIAN, FORMAT, INSPECTION, OR OTHER TERM]. This would address the demonstrated concern because [________________________________].
7. ☐ Movant seeks an appropriate sanction under Rule 45(c)(1) for a demonstrated breach of the duty to avoid undue burden or expense. The responsible party or attorney, conduct, loss, and requested amount are [IDENTIFY AND DOCUMENT].

For these reasons Movant requests that the Court ☐ quash the subpoena in whole; ☐ quash it in part; or ☐ modify it on the terms in paragraph 6. Movant also requests [SPECIFY ANY PROVEN RULE 45(c)(1) SANCTION OR OTHER RELIEF, WITH AUTHORITY].

Dated: [__/__/____] Signature: [________________________________]

Printed name and Delaware Bar No., if counsel: [________________________________]

Address, telephone, and email: [________________________________]

Counsel for / self-represented Movant

SUPPORTING AFFIDAVIT (IF FACTS OUTSIDE THE RECORD ARE RELIED ON)

I, [AFFIANT NAME], being duly sworn, state from personal knowledge:

1. My role in this matter is [________________________________].
2. I received or reviewed the subpoena on [__/__/____] in the following circumstances: [________________________________].
3. The facts supporting the grounds stated in motion paragraphs [____] are [________________________________].
4. Exhibits [____] are [IDENTIFY AND AUTHENTICATE].

Affiant signature: [________________________________]

Sworn to and subscribed before me on [__/__/____] by [AFFIANT NAME].

Notary signature: [________________________________] Commission expires: [__/__/____]

ATTORNEY CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served this motion, affidavit, exhibits, and proposed order on [NAME OF EACH PERSON REQUIRED TO BE SERVED] by [METHOD] at [ADDRESS OR ELECTRONIC DESTINATION]. The service receipt or transaction reference is [____].

Dated: [__/__/____] Attorney signature: [________________________________]

[PROPOSED] ORDER

After considering the motion, response, evidence, and Rule 45, the Court orders:

☐ The subpoena served on [NAME] on [__/__/____] is quashed [IN WHOLE / AS TO THE FOLLOWING COMMANDS: ____].

☐ The subpoena is modified as follows: [STATE PRECISE TERMS AND COMPLIANCE DATE].

☐ The motion is denied.

☐ An appropriate sanction under Rule 45(c)(1) is awarded as follows: [SPECIFY PERSON, AMOUNT, AND BASIS].

Dated: [__/__/____] Judge: [________________________________]

Sources and references

• Delaware Superior Court Civil Rules, 2026 edition, Rules 5 and 45.