What is a motion to quash a subpoena?

A motion to quash a subpoena is a legal strategy used in Massachusetts civil procedure to challenge the validity of the subpoena. A subpoena is a court-ordered request for documents, testimony, or other evidence that can be used at trial. When someone believes that the subpoena was issued improperly, that person can file a motion to quash the subpoena. A motion to quash a subpoena must be made with the court, and must explain why the subpoena should not be enforced. Generally, it is up to the person objecting to the subpoena to show that the request is unreasonable. Common grounds for quashing a subpoena include a lack of relevance, an unreasonable burden, and a violation of the right of privacy. In Massachusetts, the court must take into account the rights of the person requesting, the person objecting, and the general public in deciding whether the motion to quash should be granted. If the court allows the motion to quash, then the subpoena is not enforced and the case will proceed without the evidence that was requested. If the court denies the motion to quash, then the court order of the subpoena stands and the requested documents or testimony must be provided.

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What is a motion to quash a subpoena?

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