The court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (a) quash or modify the subpoena if it is unreasonable and oppressive or (b) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.
Rule 45.02.For production of documentary evidence.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceLets a court quash or modify a subpoena for documents on timely motion if it is unreasonable and oppressive, or instead deny the motion on condition that the party who issued the subpoena advances the reasonable cost of producing the material.
Full Text of Rule 45.02
Amendment History
(Amended October 18, 1977, effective January 1, 1978; amended February 11, 2009, effective April 1, 2009.)
Plain-English Summary
If a subpoena asks someone to hand over books, papers, documents, or other tangible things, that person can ask the court to step in before the compliance deadline arrives. The motion has to be prompt -- filed at or before the time set in the subpoena for compliance.
The court has two options once that motion lands. It can quash the subpoena outright, or narrow what it demands, if complying would be unreasonable and oppressive. Or it can deny the motion but require the party who sent the subpoena to front the reasonable cost of producing the material. That second option lets discovery go forward while shifting the burden of expensive compliance onto the party who wants the documents.
Frequently Asked Questions
Can I fight a subpoena that asks for too many documents?
Yes. You can move to quash or modify the subpoena if producing the material would be unreasonable and oppressive, but the motion must be made promptly, at or before the deadline the subpoena sets for compliance.
What happens if the court will not quash the subpoena?
The court can deny the motion to quash but still protect the person who has to comply by ordering the party who issued the subpoena to advance the reasonable cost of producing the books, papers, documents, or tangible things.
Is there a deadline for asking the court to limit a subpoena?
The motion must be made promptly and, in any event, at or before the time the subpoena specifies for compliance.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 45.02). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: motion to quash a subpoena Kentuckysubpoena too broad or burdensomewho pays cost of producing subpoenaed documentsunreasonable and oppressive subpoenaCR 45.02