procedural guides

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

Note: See SmartRules guides for up-to-date Motion to Quash information for the New York Supreme Courts.

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.


Motion to Quash Rules

Grounds for Motion to Quash

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.

Conditions

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

Good Faith Requirement

Counsel must confer in good faith to resolve the issues raised by the motion before brining any “motion related to disclosure.”

Returnable to Court

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

 Cases in Arbitration

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.

Not Returnable to a Court

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.


SmartRules Guides

SmartRules Guides cover additional requirements, including:

Local Requirements;

Briefing Schedules;

Procedures for Unassigned Cases;

Cross Motions;

Moving Paper Requirements;

Additional Documents;

Filing & Service Requirements;

Hearing & Disposition Requirements.


Originally posted May 4, 2009