What is a motion to quash a subpoena?

A motion to quash a subpoena is a legal request to a court or tribunal that has the authority to modify or cancel a previously issued subpoena. A motion to quash is generally filed by a person or entity who has been served with a subpoena and does not wish to comply with the order. In Virginia, a person can bring a motion to quash a subpoena if the document requests privileged or confidential information, is not reasonably calculated to lead to the discovery of admissible evidence, or if there is an abuse of the judicial process. If granted, the court will order the subpoena to be quashed. The court may also modify the language of the subpoena or adjust the date for when the subpoena needs to be complied with. However, in Virginia, a court will not automatically grant a motion to quash a subpoena simply because the person or entity receiving the subpoena does not wish to comply. The party filing the motion must establish one of the reasons mentioned above in order to be successful.

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