Motion to Quash in New York Supreme Court-At A Glance

Use this “At A Glance Guide” to learn the statewide rules of civil procedure applicable to bringing a motion to quash in New York Supreme Court. For more detailed information, including local rules, please see the New York Supreme Court SmartRules Guides: Motion to Quash, Opposition to Motion to Quash, Reply in Support of Motion to Quash.

Deadline:

A Motion to Quash a subpoena should be made promptly in the Court in which the subpoena is returnable. CPLR 2304.

 Motion to Quash Rules: 

New York caselaw holds that a Motion to Quash a subpoena can be made to challenge the validity of the subpoena or the jurisdiction of the issuing authority. New York courts broadly interpret this power of the courts to quash or modify a subpoena or impose conditions the court finds just.

Reasonable conditions may be imposed upon the granting or denial of a motions to quash or modify a subpoena. CPLR 2304.

Counsel must confer in good faith to resolve the issues raised by the motion before brining any “motion related to disclosure.” Uniform R. 202.07(a).

A Motion to Quash, fix conditions or modify a subpoena must be made promptly in the court in which the subpoena is returnable. CPLR 2304.

If the subpoena at issue is related to arbitration, the Motion to Quash should be filed in the venue set for other court applications related to the arbitration. CPLR 7502(a).

If a subpoena is issued but not made returnable to a court, the party objecting to the subpoena must first make a request to withdraw or modify the subpoena to the person who issued it. If this request is not granted, a Motion to Quash, fix conditions to or modify the subpoena may then be made in the Supreme Court. CPLR 2304. Special filing procedures exist for motions to quash in child support cases.

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

Leave a Comment