The subpoenaing party most often does not wish to 'do battle with the press,' and may even profess support for the First Amendment values being asserted, but in any event will generally not want the distraction and cost of dealing with this collateral issue at a time when efforts are more productively focused on other aspects of the party's case, or other cases. In most cases, making clear that a motion to compel will be necessary, and that the subpoenaing party will have to formally address the relevant legal and factual issues in order to obtain the desired information, will enable the press to defer the issue until it becomes moot. It is generally more productive and cost-effective to hold off on a motion to quash and let the subpoenaing party know that the reporter will not provide testimony or notes voluntarily. īecause so few cases, criminal or civil, ever actually come to trial, the time and expense of filing a motion to quash can be avoided in most cases by letting the case run its course without dealing prematurely with the subpoena issue. The best practice is to deliver the written objection, and follow that with a motion to quash or modify. In a reporters' privilege situation, do not wait for a motion to compel.

Although the Federal Rules of Civil Procedure do not specify a time deadline for moving to quash or to modify a subpoena, a good practice would be to file the motion within 14 days of receiving the subpoena, or if the deadline for compliance with the subpoena is fewer than 14 days, before the deadline. That person can move to quash or to modify the subpoena. The person served with a subpoena need not go through the objection/motion to compel procedure. The person responsible for issuing and serving the subpoena may file a motion with the court to compel compliance with the subpoena. If the objection is made in writing, delivered to the appropriate person, and delivered on time, then the person on whose behalf the subpoena was issued and served has no right to inspect or copy the subpoenaed documents without a court order. However, if the subpoena gives fewer than 14 days for compliance, then at any time before the time set by the subpoena for compliance. The objection must be made within 14 days after receiving the subpoena.

The objection must be in writing, and delivered to the person or attorney designated in the subpoena as being responsible for issuing it. Where a subpoena commands a person to produce documents for inspection or copying, the subpoenaed person may object to it.

Motion to compel example