Motion to Quash Subpoena in Kansas

What Is a Motion to Quash Subpoena?

Understanding the Purpose and Significance of a Motion to Quash Subpoena

“A district court has the authority to focus discovery, prevent abusive discovery, and to insure confidentiality when necessary.” (See Purdum v. Purdum (2013) 48 Kan. App. 2d 938, 989.)

"The purpose of discovery is to eliminate the element of surprise from trials, simplify issues and procedures by full disclosure to all parties of anticipated evidence and factual and legal issues, and to consider such matters as may aid disposition of action." (See Poplin v. Poplin, No. 123, at *1 (Kan. Ct. App. Aug. 20, 2021); Ryan v. Kansas Power & Light Co. (1991) 249 Kan. 1, 11-12, 815 P.2d 528.)

“Thus, statutes and rules governing discovery and pretrial procedures are to be broadly construed to accomplish their intended objectives." (See id; Burkhart v. Philsco Products Co. (1987) 241 Kan. 562, 570, 738 P.2d 433.)

“Under K.S.A. 2016 Supp. 60-226(b), which defines the scope of discovery, [p]arties may obtain discovery regarding any nonprivileged matter that is relevant to the subject matter involved in the action." (See Short v. Blue Cross & Blue Shield of Kan., Inc. (2019) 441 P.3d 1058, 1068-69.)

"[T]he scope of relevancy in a discovery proceeding is broader than the scope of relevancy at trial." (See id; Kansas Medical Mut. Ins. Co. v. Svaty (2010) 291 Kan. 597, 620, 244 P.3d 642.)

“This is because [r]elevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence." (See Short v. Blue Cross & Blue Shield of Kan., Inc. (2019) 441 P.3d 1058, 1068-69; Kansas Medical Mut. Ins. Co. v. Svaty (2010) 291 Kan. 597, 620, 244 P.3d 642.)

“Kansas law of civil procedure provides that parties may obtain discovery by depositions, interrogatories, production of documents or things and requests for admissions. The frequency of use of these methods is not limited.” (See K.S.A. 60-226(a); State ex Rel. Miller v. Richardson (1981) 229 Kan. 234, 237.)

“A subpoena may command the person to whom it is directed to produce the books, papers, documents or other objects designated therein. The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive.” (See Tiller v. Corrigan (2008) 286 Kan. 30, 40.)

Procedural Steps Involved in Filing a Motion to Quash Subpoena

Subpoenas are governed under Kansas statutes subsections 60-245 and 60-245a.

“Every subpoena must:

State the court from which it is issued;
state the title of the action, the court in which it is pending and the file number of the action;
command each person to whom it is directed to do the following at a specified time and place: Attend and testify; produce designated documents, electronically stored information or tangible things in that person's possession, custody or control; or permit the inspection of premises; and
set out the text of subsections (c) and (d).”

(See Kan. Stat. § 60-245(a)(1)(A).)

“A subpoena commanding attendance at a deposition must state the method for recording the testimony.” (See Kan. Stat. § 60-245(a)(1)(B).)

“A command to produce documents, electronically stored information or tangible things or to permit the inspection of premises may be included in a subpoena commanding attendance at a deposition, hearing or trial, or may be set out in a separate subpoena. A subpoena may specify the form or forms in which electronically stored information is to be produced. Subpoena and production of records of a business that is not a party may be in accordance with K.S.A. 60-245a, and amendments thereto.” (See Kan. Stat. § 60-245(a)(1)(C).)

“A command in a subpoena to produce documents, electronically stored information or tangible things requires the responding party to permit inspection, copying, testing or sampling of the materials.” (See Kan. Stat. § 60-245(a)(1)(D).)

“Any party may request production of business records from a nonparty by causing to be issued a nonparty business records subpoena pursuant to this section. The subpoena must inform the person to whom it is directed that the person may serve on the party or attorney designated in the subpoena written objection to production of any or all of the business records designated in the subpoena within the earlier of the time specified for compliance or 14 days after the subpoena is served. If such an objection is made, the business records need not be produced unless ordered by the court on motion, with notice to the person to whom the subpoena was directed.” (See Kan. Stat. § 60-245a(b).)

Discretion of the Court in Deciding a Motion to Quash Subpoena

“The enforcement of a subpoena duces tecum is left to the discretion of the enforcing tribunal. A subpoena duces tecum is subject to K.S.A. 60-245(b) and it must be relevant and not unreasonable or oppressive.” (See In re Tax Appeal of Collingwood Grain, Inc. (1995) 257 Kan. 237.)

“Control of discovery is entrusted to the sound discretion of the trial court, and orders concerning discovery will not be disturbed on appeal in the absence of clear abuse of this discretion.” (See Cott v. Peppermint Twist Mgt. Co. (1993) 253 Kan. 452, Syl. ¶ 20, 856 P.2d 906; Hill v. Farm Bur. Mut. Ins. Co. (1998) 263 Kan. 703, 704.)

“Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only where no reasonable person would take the view adopted by the trial court.” (See Simon v. Simon (1996) 260 Kan. 731, Syl. ¶ 2, 924 P.2d 1255; Hill v. Farm Bur. Mut. Ins. Co. (1998) 263 Kan. 703, 704.)

Legal Precedents and Case Law on a Motion to Quash Subpoena

It is well settled that “the code of civil procedure provides upon application of one against whom a subpoena is issued that the court may quash or modify a subpoena if it is unreasonable and oppressive.” (See Kansas Commission on Civil Rights v. Carlton (1975) 216 Kan. 735, 743.)

As such, it is also well settled that “the district court shall quash or modify the subpoena if it requires disclosure of privileged or other protected matter and no exception or waiver applies if it subjects a person to undue burden.” (See Kansas Medical Mut. Ins. Co. v. Svaty (2010) 244 P.3d 642, 666.)

Dockets for Motion to Quash Subpoena in Kansas

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BARILANI ET AL vs. HOUSING AUTH. EAU CLAIRE CITY ET AL

Filed

May 07, 2024

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TERMINATED

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Hon. ROBERT WONNELL 👉 Discover key insights by exploring more analytics for ROBERT WONNELL

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District

County

Johnson County, KS

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