200-00501 – Criminal Subpoena (06/2019) Page 2 of 2
Notice—Subpoena in Criminal Cases
Duties of Person Subpoenaing Records or Witnesses. A party or an attorney responsible for the issuance and
service of any subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person
subject to that subpoena.
When a party to a case seeks access to a person’s school records, or other records which by law are confidential,
the party must provide written notice to the other party that the records have been requested prior to service of
any subpoena requesting the records.
Procedure to Object to Subpoena. A person or party may object to any subpoena by filing with the Court an
objection or a motion to quash within 14 days of service of the subpoena or notice of subpoena. If an objection or
motion to quash is timely filed, the subject of the subpoena need not comply with the subpoena until further
order of the Court. In addition to filing an objection or motion to quash with the Court, the filer shall also serve
the objection or motion to quash upon the parties to the case and, if not the filer, upon the subject of the
subpoena. Any response to the objection or motion to quash shall be filed within 14 days of service of the
objection or motion to quash. All parties, and the person whose attendance or records are sought, have the right
to be heard in connection with an objection or motion to quash. If objection has been made, the party seeking
access to materials (if that is the subject of the subpoena) will not be entitled to inspect and copy the materials
except pursuant to a court order.
The Court may quash or modify a subpoena, inter alia, if compliance would be unreasonable or oppressive, or
would require the disclosure of privileged or confidential information.
Actual Appearance Not Required. A person commanded to produce and permit inspection, copying, testing, or
sampling of designated electronically stored information, books, papers, documents or tangible things, or
inspection of premises need not appear in person at the place of production or inspection unless commanded to
appear for deposition, hearing or trial.