A motion to quash in California refers to a type of pretrial motion that is used to contest the court’s authority over a party or over a subpoena. Under California Code of Civil Procedure Section 418.10, a defendant may challenge the court’s personal jurisdiction by arguing that service of the summons was improper or that the defendant lacks sufficient ties to California.
This issue often arises in civil procedure disputes, including personal injury cases, where proper service and jurisdiction are essential. Because the stakes of such cases can be significant, many people seek to set up a California lawyer consultation in order to determine whether filing this motion is the right strategic move.
It is important to note that a motion to quash can also target subpoenas that demand testimony or documents. California courts have the power to limit or invalidate subpoenas under Code of Civil Procedure Section 1987.1 when they are overly broad, burdensome, or seek privileged information.
These motions frequently appear in discovery battles, where parties try to prevent disclosure of sensitive or irrelevant material. Working with a California lawyer can help ensure that the motion is properly supported and that the subpoena challenge aligns with broader litigation goals.
Strict deadlines apply, such as filing before responding to the complaint in jurisdictional challenges or within the response period for subpoenas. Because of these deadlines, a motion to quash is a critical tool in California civil procedure. Missing these deadlines can waive important defenses, including objections to personal jurisdiction.
For all of these reasons, individuals that are involved in litigation, whether in personal injury matters or other civil disputes, often rely on representation from a California lawyer in order to successfully navigate the timing and substance of this important pretrial motion.
Who Can File a Motion To Quash in California?
In California civil cases, a motion to quash may be filed by any party who is challenging the court’s authority over them or over a subpoena directed at them. Under Code of Civil Procedure Section 418.10, a defendant may file a motion to quash service of summons when arguing that the court lacks personal jurisdiction or that service was improper.
Additionally, any person, whether they are a party or non‑party, who receives a subpoena for documents or testimony during the civil discovery phase may also file a motion to quash under Code of Civil Procedure Section 1987.1. In doing so they must show that the subpoena is overly broad, unduly burdensome, or seeks privileged information.
In California criminal cases, a motion to quash is typically filed by a defendant or a witness who seeks to challenge a subpoena or warrant. For example, a defendant may move to quash a search warrant if they believe that it was issued without probable cause or in violation of constitutional protections.
Witnesses or third parties may also file a motion to quash subpoenas that improperly demand testimony or records, especially when the request infringes on privacy rights or privileges. These motions serve as an important safeguard in criminal proceedings, ensuring that investigative and prosecutorial powers are exercised within legal limits.
How Do I File a Motion To Quash Subpoena in California?
Filing a motion to quash a subpoena in California is often a complicated process. This is because doing so involves asking the court to invalidate or limit a subpoena that is improper, overly broad, unduly burdensome, or seeks privileged information. Once again, under California Code of Civil Procedure Section 1987.1, any person that is served with a subpoena may request that the court quash or modify it.
The motion must be filed promptly, typically before the date of compliance listed on the subpoena, and it should clearly explain why the subpoena is objectionable. Courts expect the moving party to show specific reasons the subpoena is unreasonable or violates legal protections such as privacy or privilege.
In practice, filing this motion requires preparing written papers that include the motion itself, a memorandum of points and authorities, and supporting declarations or evidence. These documents must be filed with the appropriate court and served on all parties involved in the case, including the party who issued the subpoena.
Because procedural rules can be strict, many individuals, especially non‑parties unfamiliar with litigation, generally seek guidance from a California attorney in order to ensure their motion is timely and properly supported.
The general steps to file a motion to quash a subpoena in California are:
- Review the subpoena to identify deadlines and the specific documents or testimony requested
- Determine the legal basis for objecting (e.g., privilege, undue burden, overbreadth, privacy)
- Draft the motion to quash, including a memorandum of points and authorities
- Prepare a supporting declaration explaining all of the facts behind the objection
- File the motion with the correct California court before the compliance deadline
- Serve the motion on all parties, including the issuing attorney’s office
- Attend the hearing if the court schedules one, and be prepared to present your arguments
What Do You Do if You Receive a Subpoena in California?
As noted above, receiving a subpoena in California means that the law is requiring you to provide information, documents, or testimony. As such, your first step is to read it carefully and note the deadline for compliance. Subpoenas can come from civil, criminal, or administrative cases, and each one carries legal consequences if ignored.
It’s important to understand exactly what is being requested and whether the subpoena is directed at you personally, your business, or your records. Many people take a moment to assess whether the request is reasonable, whether it involves confidential material, or whether it places an undue burden on them.
After reviewing the subpoena, the next step is deciding how to respond, i.e. whether you should comply, object, or challenge it. California law allows you to raise objections or file a motion to quash if the subpoena is overly broad, seeks privileged information, or violates privacy rights.
Acting quickly is essential because objections and motions must be filed before the compliance date. If you’re unsure how to proceed, consulting an attorney can help you understand your legal rights and obligations so that you can respond appropriately and avoid any unnecessary legal consequences.
What if a Motion To Quash Is Not Granted in California?
If a motion to quash is not granted in California, the person who filed it must generally comply with the subpoena or face potential penalties such as contempt or sanctions. In civil cases, the ruling is usually not immediately appealable, but the party may seek review through a writ petition, which asks a higher court to intervene before the case proceeds.
In criminal matters, a similar writ review may be available when important rights are at stake. However, once either motion is denied, compliance is expected unless a court orders otherwise.
Procedural Rules That May Be Involved With a Motion To Quash in California
A motion to quash in California is governed by several procedural rules that dictate how and when the motion must be filed, what supporting documents are required, and how the court evaluates objections to jurisdiction or subpoenas. All of these rules ensure that challenges are raised promptly and that all parties receive proper notice, making timing and compliance essential for anyone seeking to quash service of summons or a subpoena.
Examples of common procedural rules that may be involved include:
- California Code of Civil Procedure Section 418.10 (challenging service or jurisdiction)
- California Code of Civil Procedure Section 1987.1 (challenging subpoenas)
- The rule that motions must be filed before the compliance date or before responding to the complaint
- The rule that requires a memorandum of points and authorities and supporting declaration
- The rule that the motion must be served on all parties involved in the case
Do I Need a California Lawyer for Help With Procedural Rules?
As can be seen, successfully filing a motion to quash is often a complicated matter. As such, if you have been served with a subpoena or are otherwise considering a motion to quash, it is recommended to set up a consultation with an experienced California personal injury lawyer. LegalMatch can assist you in locating an attorney who understands the procedural rules, filing deadlines, and strategic considerations involved.
An attorney will be able to help you determine whether or not the subpoena is legally valid, help you prepare the necessary documents, and ensure that your objections are raised properly so your rights are fully protected throughout the process. Finally, they can also represent you in court, should a hearing be necessary.
