New York Law (NYLE) Practice Exam

What is required for a motion to quash a subpoena to be accepted?

1. It must be made in writing only

2. It must be made to the agency head

3. It should be filed before any agency action

4. It should be directed to the judge who issued it

The correct answer is: It should be directed to the judge who issued it

A motion to quash a subpoena must be directed to the judge who issued it because the judge has the authority to review the subpoena and determine if it should be enforced or set aside. This ensures that an impartial third party evaluates the validity and legality of the subpoena, considering objections based on reasons such as undue burden, relevance, or privilege. While there may be specific procedural requirements that vary depending on the jurisdiction or body issuing the subpoena, the fundamental principle is that judicial oversight is essential for resolving disputes regarding subpoenas. This mechanism protects the rights of the individuals or entities subject to the subpoena and helps maintain the integrity of the judicial process. Filing the motion in writing is often a requirement, but it's not a stand-alone condition since both written motions and their appropriate targeting are generally expected. The motion must typically be made to the court, which usually involves the judge rather than the agency head. Therefore, simply saying the motion must be in writing or directed to the agency head wouldn’t capture the essential requirement of judicial review. It is also critical that the motion is timely, but it does not specifically need to be filed before any agency action; the focus is primarily on the judge's authority to quash the subpoena.