a. Which court?

File in the court from which the subpoena was issued. See Fed. R. Civ. P. 45(d)(3); Fed. R. Crim. P. 17(c). If the reporter or news organization is a party to the lawsuit, it will generally not be responding to a subpoena, but will contest discovery requests through motions for protective orders pursuant to Fed. R. Civ. P. 26(c).

The motion to quash should be filed in the court where compliance with the subpoena is required.  Fed. R. Civ. P. 45 (d)(3).

A motion to quash or modify a subpoena should be filed in "the court where compliance [with the subpoena] is required."  Fed. R. Civ. P. 45(d)(3)(A)–(B); see KGK Jewelry LLC v. ESDNetwork, No. 11 Civ. 9236 (LTS) (RLE), 2014 WL 1199326, at *2 (S.D.N.Y. Mar. 21, 2014).  However, a subpoena must issue "from the court where the action is pending," Fed. R. Civ. P. 45(a)(2), and it may only compel a person to testify either (i) within 100 miles of where the person resides, or (ii) for a party or trial witness, within the person’s state of residence, employment, or regular business, Fed. R. Civ. P. 45(c)(1).  Accordingly, the court that issues the subpoena may not be "the court where compliance is required," if the subpoenaed party lives in a different jurisdiction from where the case is being litigated.

Thus, if the subject of the subpoena prefers the issuing court to have jurisdiction over a motion to quash, he or she should seek a transfer from the court where compliance is required to the issuing court.  See Fed. R. Civ. P. 45(f); see generally KGK Jewelry LLC, 2014 WL 1199326, at *2 (discussing Fed. R. Civ. P. 45(d), (f)); 9A Arthur R. Miller, Federal Practice & Procedure, § 2463.1 (3d ed. 2019) ("motions to quash or enforce a subpoena . . . must be made in the district where compliance with the subpoena is required and not where the underlying action is pending, [but] the 2013 amendments added a new subdivision, Rule 45(f), that allows for the transfer of subpoena-related motions to the issuing district in certain circumstances").

 

Pursuant to Federal Rule of Civil Procedure 45(d)(3)(A), a motion to quash a subpoena issued in the name of a federal court in a civil action must be filed in the court that issued the subpoena. While the Federal Rules of Criminal Procedure do not expressly address the point, it is apparent that a motion to quash should be filed in the court that issued the subpoena. See Fed. R. Crim. P. 17(c).

The motion to quash generally should be filed in the court for the district where compliance is required.  See Federal Rule of Civil Procedure 45(d)(3).  Although all subpoenas now “must issue from the court where the action is pending,” Rule 45(a)(2), the place of compliance of the subpoena is limited to within 100 miles of where the person subpoenaed resides, is employed, or regularly transacts business in person, or within the state if the subpoena commands attendance at trial.  Rule 45(c).  This means that district courts may need to decide motions to quash or motions to compel that arise from subpoenas issued by a different court.  See, e.g., Bell Inc. v. GE Lighting, LLC, 2014 WL 1630754 (W.D. Va. April 23, 2014).  Courts in the Fourth Circuit have entertained motions to transfer upon request from a subpoenaed nonparty, from the court where the motion was filed to the court where the underlying litigation is pending.  See United States v. Star Sci, Inc., 2002 U.S. Dist. LEXIS 10652, *18 (D. Md. 2002) (holding that a transfer would be convenient to the nonparty and that the court where the litigation is pending would be better able to handle the discovery dispute).

The issuing court for all subpoenas is “the court where the action is pending.” Fed. R. Civ. P. 45(a)(2). This rule was amended in 2013 to simplify the procedure for obtaining a subpoena. Under the prior rule, where the subpoena was issued depended on the subpoena’s purpose.

Every subpoena in federal court litigation identifies the name of the court under whose authority it was issued. Usually, that is the same federal court in which the litigation that spawned the subpoena is taking place, and where the trial in that litigation would be held. Where the subpoena commands compliance within the territorial district of the court where the litigation is underway, then a motion to quash should be filed with that court.

However, sometimes subpoenas command attendance for deposition at places outside the territorial district of the federal court in which the litigation is taking place. When that happens, the subpoena is supposed to identify a different federal court: the federal court in whose district the deposition is supposed to take place. Similarly, sometimes subpoenas command the production of document, and require the production to take place in a district other than the district in which the litigation is taking place. Again, the subpoena is supposed to identify the federal court in whose district the production of document is supposed to take place. Where the subpoena commands compliance within a federal district other than that in which the underlying litigation is underway, the motion to quash should be filed with the federal court whose district encompasses the location of the deposition or the commanded production of documents. See Fed.R.Civ. P. 45(a)(2), (3); Fed.R.Civ. P. 37(a)(1).

A motion to quash a subpoena must be filed in the court that issued the subpoena. Kearney for Ruppert v. Alliant Energy Cash Balance Pension Plan (In re Wis. Energy Corp.), 2010 U.S. Dist. LEXIS 14314, at *2 (E.D. Wis. Feb. 18, 2010).  Kearney v. Jandernoa, 172 F.R.D. 381, 383-384 n. 4 (N.D. Ill. 1997); Lieberman v. American Dietetic Assoc., No. 94 C 5353, 1995 WL 250414 at *1 (N.D. Ill April 25, 1995) (denying motion to quash subpoena issued by California federal court and holding that California federal court must determine whether the subpoena should be quashed on the grounds of the California's statute on the reporters' privilege). But see In Re Factor VIII or IX Concentrate Blood Products Litigation, 174 F.R.D. 412 (N.D. Ill. 1997) (under rules on multi-district litigation, transferee court has power to compel compliance with a subpoena issued by transferor district court).

While a motion to quash must be filed in the issuing court, a protective order can be filed in the court hearing the underlying litigation. In Kearney, 172 F.R.D. at 383-384, the plaintiff in a case pending in the Western District of Michigan served a subpoena upon a non-party in Illinois. The subpoena was issued by the U.S. District Court for the Northern District of Illinois. The Illinois witness sought to quash the subpoena in the Illinois federal court and to transfer all issues related to the plaintiff's discovery request to the Michigan federal court. The Illinois federal court pointed out that the Seventh Circuit has held that motions cannot be transferred. Instead, the Illinois federal court stayed its own proceedings upon the understanding that the Illinois party would file its motion in the Michigan federal court. The Illinois federal court indicated that it would vacate its stay and issue a ruling not inconsistent with the Michigan court's rulings. While the Illinois court refused to transfer the motion back to the court overseeing the underlying litigation, it is clear that the court believed that the protective order should have been filed in the Michigan court. Furthermore, even though the court stated that motions to quash subpoenas "must be filed and decided in the court from which the subpoena issued," it stayed the motion to quash in deference to the Michigan's court's ruling on the protective over.

No Eighth circuit case law addresses this issue in the context of the reporter's privilege.

The motion to quash should be filed in the same court where compliance is required. Fed. R. Civ. P. 45(c)(3)(A).

The motion to quash should be filed with the court that issued the subpoena. ALA. R. CIV. P. 45 (c)(3)(A).

The motion to quash ordinarily should be filed in the same court that is hearing the case at issue.

Ordinarily, the motion to quash or for protective order is filed in the same court that is hearing the case at issue. If a grand jury subpoena is involved, the court may open a miscellaneous action (designated with the number of the grand jury that issued the subpoena) in connection with a motion to quash or for protective order.

The motion to quash should be filed in the court hearing the action. Ark. R. Civ. P. 45.

The motion to quash or for a protective order should be filed in the court that issued the subpoena.

The Motion to Quash should be filed in the same court with jurisdiction over the underlying case.

The motion to quash must be filed in the case in which the subpoena was issued and in the Judicial District of the Superior Court in which that case is pending.

A motion to quash or a motion to compel must be filed in the district court where compliance with the subpoena would be required.  Fed. R. Civ. P. 45(d)(2)(B)(i) & (d)(3)(A).  The court where compliance is required may then transfer such a motion to the court that issued the subpoena if the recipient consents, or for “exceptional circumstances.”  Fed. R. Civ. P. 45(f).

Motions to quash should be filed in the court where the case is pending. In nonadjudicative proceedings, the motions should be filed with the Superior Court.

A motion to quash pursuant to the shield law or a motion to compel discovery must be filed with the court that issued the subpoena.  However, if the court that issued the subpoena does not have jurisdiction over the party, the subpoenaed party should file a miscellaneous matter in the court in its jurisdiction and seek a protective order.

The motion to quash should be filed in the same court that is hearing the underlying case.

Generally, if a witness is a resident of Georgia and receives a subpoena to compel his attendance at a hearing or trial in a Georgia civil or criminal case, a motion to quash should be filed in the court hearing the case. See generally O.C.G.A. § 24-13-22 (“A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the state.”).

The motion to quash should be filed in the circuit court that issued the subpoena.

Ordinarily, the motion to quash is filed in the same court as that in which the case is filed, or in the same court from which the subpoena has issued, if different.

Although the Illinois Code of Civil Procedure does not specifically address this issue, Illinois case law indicates that motions to quash a subpoena should be filed in the court adjudicating the proceeding that led to the subpoena of the reporter. See People ex. rel. Scott v. Silverstein, 89 Ill. App. 3d 1039, 412 N.E.2d 695 (1980); People v. Palacio, 240 Ill. App. 3d 1078, 607 N.E.2d 1375 (1993).

The motion to quash should be filed in the same court as the court that is hearing the case at issue.

A motion to quash a subpoena should be filed with the court that issued it. Iowa R. Civ. P. 1.1701(4)(d)(1).

A motion to quash a subpoena issued in a state court action should be filed in the district court hearing the case in which the subpoena is issued.

The motion to quash should be filed in the court from which the subpoena was issued, which is ordinarily the same court hearing the case at issue. See Ky. R. Civ. P. 45; Ky. R. Crim. P. 7.02; see also Fed. R. Civ. P. 45(c)(3)(a).

The state reporter's privilege statute does not address the issue of proper venue for filing a motion to quash. When the reporter claims the statutory privilege, the party seeking to revoke the privilege may apply to the district court of the parish in which the reporter resides to seek an order revoking the privilege. If the reporter resides outside of Louisiana, the application should be made to the district court of the parish where the matter in which the information is sought is pending. La. R.S. 45:1453. By analogy, this provision suggests that the proper venue for a motion to quash may be in the district court of the parish in which the reporter resides or in the district court of the parish where the matter in which the information is sought is pending.

A motion to quash should be brought in the same court where the action is pending.

The motion to quash should be filed in the court issuing the subpoena.

The motion to quash should be filed in the same court as the court that is hearing the case at issue.

A motion to quash a subpoena is filed in the court from which the subpoena was issued. MCR 2.305(A)(4).

Motions under the Shield Law may be heard by the district court "of the county where the person employed by or associated with a news media resides, has a principal place of business or where the proceeding in which the information is sought is pending." Minn. Stat. §595.024 subd. 1.
Motions to quash that go beyond the Shield Law are motions for a protective order and can be heard by the district court in which the action is pending or the district court in the district where the deposition is to be taken. Minn. R. Civ. Proc. 26.03.
Rule 22.02 of the Minnesota Rules of Criminal Procedure provides that the district court on motion may quash or modify a subpoena for production of documentary evidence or objects, "if compliance would be unreasonable or oppressive." Rule 26.03 of the Minnesota Rules of Civil Procedure allows the district court to issue "any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense."

A motion to quash should be filed in the same court. Miss. R. Civ. P. 45(d)(1)(A) states that "[o]n timely motion, the court from which a subpoena was issued shall quash or modify the subpoena. . . ."

The proper forum in Missouri for motions to quash is the court in which the underlying case is being heard.

The motion to quash should be filed in the court that issued the subpoena.

File in the court issuing the subpoena

A motion to quash should be filed in the court where the underlying action is pending.

A motion to quash should be filed in the same court in which the case is pending.

The motion should be filed in the court that is hearing the case.

A motion to quash, like a motion to compel, is addressed to the court that issued the subpoena. See Rule 1-045(C)(2)(b)(iii), (3)(a) NMRA; Rule 5-511(C)(2)(b), (3)(a) NMRA. If the subpoena is issued in a nonjudicial proceeding, “the district court of the county in which the proceeding is being held” will ultimately be the proper forum, NMSA 1978, § 38-6-7(C) (1973), though in some cases it may be desirable to file an initial motion to quash with the issuing body itself.

The motion to quash or for a protective order should be brought in the same court in which the subpoena is returnable, which is usually the court hearing the case. CPLR § 2304. If the subpoena has not issued out of a court, the motion to quash or modify is made to the Supreme Court. See CPLR § 2304, McKinney's Practice Commentary C2304:4. If the subpoena was issued from the ex parte part (e.g., in aid of disclosure in an out-of-state proceeding), the motion should be filed in the Supreme Court and not the ex parte part.

A motion to quash should be filed with the judge in the action in which the subpoena was issued. N.C. R. Civ. P. 45(c)(5). In the case of a grand jury subpoena, the motion should be filed with the presiding superior court judge, who will hear the matter in camera. N.C. Gen. Stat. § 15A-623(h).

All proceedings will take place in the court designated by the subpoena.

The motion to quash should be filed in the same court from which the subpoena was issued.

Oklahoma procedure contemplates that a motion to quash will be filed in the same court in which the action is pending if the subpoena is issued in connection with a case filed in Oklahoma.

The motion to quash should be filed in the same court as the court hearing the case at issue.

The motion to quash should be filed in the court that issued the subpoena.

The motion to quash should be filed in the court in which the subpoena was issued. See R.I. Superior Court Rules of Civil Procedure, Rule 45(c)(3)(A). Likewise, Rule 17(c) of the Rhode Island Rules of Criminal Procedure also allows the court to modify or quash a subpoena. See R.I. Superior Court Rules of Criminal Procedure 17(c).

The motion to quash should be filed in the court in whose name the subpoena was issued. For example, a subpoena compelling attendance at a deposition in a civil case shall issue from the court in the county where the deposition is to be held. A non-party may be deposed in the county where he works or resides. If neither of these counties is the county where the action is pending, the subpoena must come from the county where the deposition is to be held. Depositions in criminal cases issue from the county where the case is pending, so motions to quash should be directed to that court.

If the subpoena is not withdrawn, a motion to quash should be filed in the Circuit Court.

The motion to quash should be filed in the court or before the administrative body that issues the subpoena.

For civil subpoenas, a Motion for Protection and to Quash should be filed in the court where the action is pending or in any district court in the county where the subpoena was served. Tex. R. Civ. Proc. 176.6(e), 192.6(b). In the context of grand jury of criminal subpoenas, the motion should be filed in the court where the criminal proceeding is taking place.

The motion to quash a subpoena should be filed in the same court from which the subpoena was issued, generally the court hearing the underlying case. See Utah R. Civ. P. 45.

The motion should be filed in the same court that is hearing the underlying case.

The motion to quash should be filed in the court from which the subpoena was issued or in which the underlying case is pending.

In civil actions, a motion for protective order may be filed in the court in which the action is pending or, in the case of depositions, in the county where the deposition is to be taken. CR 26(c). Similar provisions would likely apply in criminal actions. CrR 4.8.

If the subpoena is issued under the auspices of a West Virginia state court, the motion to quash the subpoena usually must be filed in the court hearing the case at issue. However, if the subpoena is for attendance at a discovery deposition, the motion can be brought either in the county where the case at issue is pending, or in the county where the deposition is to be taken, pursuant to Rule 26(c) of the West Virginia Rules of Civil Procedure. It should be remembered that a subpoena can compel the attendance of a witness at a discovery deposition only if the deposition is to take place in the county where the deponent resides, and it could be of benefit to file a motion to quash in the reporter's home county if that is different from the county where the case in which the subpoena originated is pending.

A party should file the motion to quash in the court from which the subpoena was issued. See Wis. Stat. § 807.02.

A motion to quash should be filed in the court that issued the subpoena.