The court’s power to invalidate a lawful subpoena based on a motion challenging the legal sufficiency of the subpoena
The process usually begins with a subpoena served on a lawyer’s client for documents or the client’s personal appearance at a hearing, such as a civil deposition.
The client’s lawyer may challenge the subpoena by first contacting the lawyer that issued the subpoena, objecting to its issuance, and requesting the subpoena be withdrawn.
The grounds for objection are commonly based on the subpoena violating a third-party privacy right or the attorney-client and work-product privilege. Another objection is that the subpoena is so over-broad and vague that it would be impossible to comply with it as stated. Or that it was intended to annoy, vex or harass a party to the civil action. These exchanges often result from civil discovery requests for documents or for the personal attendance of a witness at an official hearing.
If the attorney who issued the subpoena refuses to withdraw it, the lawyer objecting to it must bring a formal motion requesting the court to quash (invalidate) the subpoena.
