Who can quash a subpoena? Baliff-Judge or Between attorneys?
Answers:
Only a judge. If the attorneys agree to withdraw the subpoena, then it is not quashed; it is voluntarily withdrawn by the attorney who issued it. Bailiffs (while I respect the h**l out of them as a former court employee) are just law enforcement personnel who work at the courthouse. They cannot issue any ruling on any matter. It's not their job.
A subpoena is only quashed when the attroneys cannot agree. They bring it to the judge who makes the decisoin whether it should be enforced or quashed.
only a judge
Judge is only one who can negate a subpoena.
Probably depends on what state you are in and what kind of subpoena you are talking about. If it is a subpoena to appear as a witness, only a judge. If it is a subpoena for a deposition or to produce documents, in Texas if a Motion to Quash is filed within 3 days of the subpoena, then it is automatically quashed. Otherwise, you could file a motion and request a hearing.
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