§ 1987.1.Subpoena; motion and order to quash; other orders

A subpoena that reaches too far, demanding an unreasonable appearance or oppressive production, needs a release valve, and this section is it. When a subpoena requires a witness's attendance or the production of books, documents, electronically stored information, or other things before a court, at trial, or at a deposition, the court can quash it entirely, modify it, or direct compliance on whatever terms or conditions it sets, including protective orders, and can make any other order appropriate to shield a person from unreasonable or oppressive demands, including violations of privacy.

The court can act on a properly noticed motion, or on its own initiative after giving counsel notice and a chance to be heard. The list of people who can bring that motion is deliberately broad: a party, a witness, a consumer whose personal records are sought under Section 1985.3, an employee whose employment records are sought under Section 1985.6, and a person whose personally identifying information is sought in a case arising from that person's exercise of free speech rights.

The section also clarifies what it does not require: nobody has to bring a motion to quash, modify, or condition a subpoena for a consumer's or employee's records served under the notice-only provisions of Sections 1985.3 or 1985.6, since those sections already supply their own objection mechanism as an alternative path.