How to Get Out of a Court Ordered Subpoena and What Exactly Does it Mean When the Court “Quashes” a Subpoena
You can your attorney file a motion to “quash” a subpoena. In order to file the motion, the individual must have a valid reason that will convince the court that he or she should not have to appear and testify in court. If the individual makes the choice to ignore the subpoena he or she can be held in contempt of court. If held in contempt the individual may have to pay a fine or face possible jail time.
To “quash” a subpoena means the court will allow the binding nature of the subpoena to disappear. An individual can also object to a request for documents if they have been lost or destroyed prior to the subpoena being served. Distance can also allow certain states to “quash” a subpoena. Which means if a certain distance of travel is limited in the state, the court can “quash” the subpoena that exceeds the distance of travel. Privileged information can allow a court to “quash” a subpoena and the right (under the Fifth Amendment) to refuse to answer questions if they may incriminate the individual may also allow the court to “quash” the subpoena.