What is a motion to quash a subpoena?

In Delaware, a motion to quash a subpoena is a legal motion made to the court to stop a subpoena from being enforced. A subpoena is a court order requiring a person to appear in court or to produce documents. The person receiving the subpoena can make a motion to quash it to prevent themselves from having to appear in court or produce documents. In order for the motion to be successful, the person making the motion must show that the subpoena is invalid or that enforcing the subpoena would violate their legal rights. For example, if the subpoena seeks information that is protected by attorney-client privilege, the motion can be used to quash the subpoena. A motion to quash can also be used if the subpoena is overly broad, seeks irrelevant information, is issued without a valid purpose, or would cause an unreasonable financial burden. In Delaware, the court must hold a hearing on the motion to quash. During the hearing, both sides can present evidence and the court will decide whether the subpoena should be enforced or quashed. If the court agrees that the subpoena should be quashed, they will issue an order preventing the subpoena from being enforced.

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What is a motion to quash a subpoena?

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