Note that non-party consumers may object to a subpoena by serving written objections.Ģ. A California Court of Appeals decision provides that a consumer may move to quash or modify a subpoena and does not limit that right to party consumers. It is not clear, pursuant to the relevant statutes, whether this right is limited to party consumers. Any consumer whose personal records are sought by a subpoena duces tecum and who is a party to the action may bring a motion to quash.
The court must impose a monetary sanction against the losing party on the motion to quash unless it expressly finds that that party acted with substantial justification. Motion to Quash RulesĪ motion to quash production of documents at a deposition must be accompanied by a separate statement setting forth the particular documents or demands at issue, the responses received, and the reasons why production should be compelled.įiling a motion to quash automatically excuses the custodian and deposition officer from producing the subpoenaed records until the court orders their production or the parties stipulate thereto. Notice of a motion to quash or modify a subpoena duces tecum must be served on the witness and the deposition officer at least five (5) days before the date set for production of the subpoenaed records. For more detailed information, including continuously updated state and local rules and procedures, please see the California Superior Court SmartRules Guides: Motion to Quash, Opposition to Motion to Quash, and Reply in Support of Motion to Quash.
Use this “At A Glance Guide” to learn the statewide rules of civil procedure applicable to bringing a Motion to Quash in California Superior Court. Note: See SmartRules guides for up-to-date Motion to Quash information for the California Superior Courts.
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