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FAQ

A motion to quash a subpoena duces tecum should be filed within ten (10) days after receiving the subpoena or before the time stated for compliance if that time is fewer than ten days.

Under HIPAA, any subpoena duces tecum that is not accompanied by a court order must contain a written statement and accompanying documentation demonstrating that the requesting party made reasonable efforts to (1) notify the patient whose records are being requested, or (2) secure a qualified protective order.

This gives the patient (or other parties in the case) time to file a Motion to Quash (i.e., to request that the judge disallow the discovery of these documents as potential evidence in the case).

Who has standing to Quash a Rule 45 Subpoena? A party has standing to file a motion to quash when the person is the witness and when the person/company is affected by the subpoena most often when the subpoena calls for disclosing a trade secret or other confidential research, development, or commercial information.

If you want to take the risk, save the money you would have spent on a motion to quash (lawyers often charge from $2,000 to more than $3,000) and instead use it to settle the case if: a) you are served a summons and complaint, or b) you are actually targeted in an individual lawsuit against you.

Maryland Order Quashing Subpoena Duces Tecum

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