“Rule 45(d) governs the use of a subpoena as a discovery tool for the production of documents from a non-party. Super.Ct.Civ.R.45(d). Not only is the issuance of a subpoena subject to the general provisions of Rule 26, the issuance of a subpoena under subsection (d) is also subject to subsection (b), permitting the trial court, upon motion, to ‘quash or modify the subpoena if it is unreasonable and oppressive.’” In re Herndon, 596 A.2d 592 (D.C. 1991) citing Super.Ct.Civ.R.45(b), (d); citing also Premium Serv. Corp. v. Sperry Hutchinson Co., 511 F.2d 225, 229 [9th Cir. 1975]; Hecht v. Pro-Football, Inc., 46 F.R.D. 605, 606 [D.D.C. 1969].)
“On timely motion, the Court shall quash or modify the subpoena if it ... requires disclosure of privileged or other protected matter and no exception or waiver applies...." (Super. Ct. Civ. R. 45(c)(3)(A)(iii); Solers v. Doe, 977 A.2d 941, 950 [D.C. 2009] [declaring “[i]n our analysis we will consider the differing standards employed by other jurisdictions ‘[t]o balance the competing rights of anonymous internet speakers and parties seeking redress for wrongful communications....”; also citing Mobilisa, Inc. v. Doe, 217 Ariz. 103, 170 P.3d 712, 717 [2007].)
“In determining whether to quash or modify a subpoena in a civil proceeding, a trial court [will] consider:
(In re Herndon, 596 A.2d 592, 596 [D.C. 1991] citing Heat Control, Inc. v. Hester Indus., Inc., 785 F.2d 1017, 1024 [Fed. Cir. 1986].)
“Another factor the trial court may consider in assessing the burden of complying with a subpoena is whether the deponent is not a party to the action.” (In re Herndon, id. [internal citation omitted].)
“When assessing whether a civil subpoena imposes an undue burden and ought to be quashed, the trial court should balance ‘the relevance of the discovery sought, the requesting party's need, and the potential hardship to the party subject to the subpoena.’” (Bruce v. Potomac Elec. Power Co., 162 A.3d 177, 185 [D.C. 2017] citing In re Herndon, 596 A.2d 592, 596 [D.C. 1991] [citation and internal quotation marks omitted].) This inquiry includes the privacy concerns of non-parties. (Id. at 597; see also Watts v. S.E.C. , 482 F.3d 501, 509 [D.C. Cir. 2007] (“The Rule 45 ‘undue burden’ standard requires district courts supervising discovery to be generally sensitive to the costs imposed on third parties.”)
“[T]rial court determinations on motions to quash typically are reviewed for abuse of discretion..” Solers v. Doe, 977 A.2d 941 at 947 [D.C. 2009].) “A trial court "would necessarily abuse its discretion if it based its ruling on an erroneous view of the law....”(Id., citing Cooter Gell v. Hartmarx Corp., 496 U.S. 384, 405 [1990].)
“Enacted in 2012, the D.C. Anti–SLAPP Act was designed to protect targets of such meritless lawsuits by creating ‘substantive rights with regard to a defendant's ability to fend off’ a SLAPP. Report on Bill 18–893, at 1. The rights created by the Act comprise a special motion to dismiss a complaint, D.C. Code § 16–5502, and a special motion to quash discovery orders, requests for information, or subpoenas for personal identifying information in suspected SLAPPs, D.C. Code § 16–5503. This court has interpreted and applied the Anti–SLAPP Act with respect to the provisions concerning the special motion to quash a subpoena...and the award of attorney's fees in connection with such a motion.” (Competitive Enter. Inst v. Mann, 150 A.3d 1213, 1226-27 [D.C. 2016] citing Doe v. Burke (Burke I), 91 A.3d 1031 [D.C. 2014]; Doe v. Burke (Burke II), 133 A.3d 569 [D.C. 2016].)
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