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Procedural · MTQ

Motion to Quash

Asks the court to invalidate a subpoena or defective service of process. Time-sensitive — file quickly to avoid waiver.

Governing rule
Fed. R. Civ. P. 45(d)(3) (subpoenas); 12(b)(5) (service)
Read the rule

What it is

A request asking the court to invalidate a subpoena or service of process. The two main flavors: (1) quash a subpoena that's overbroad, demands privileged material, or imposes undue burden; (2) quash service of process when the summons was not properly delivered under the applicable rules.

When it's used

Filed quickly after receiving the subpoena or learning of the defective service — usually before the return date or, for service, before answering on the merits (otherwise the objection is waived in many jurisdictions).

What the other side does

Opposes by arguing the subpoena seeks relevant non-privileged material, or that service complied with the rules. May offer to narrow the subpoena to moot the motion.

Common outcomes

Granted (subpoena void or service invalid — re-service required), denied (subpoena enforced or service was good), or granted-in-part (subpoena modified). Quashed-service rulings are typically without prejudice.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.