---
kind: "section"
citation: "33 C.F.R. § 20.609"
title: "33"
number: "20.609"
heading: "Motions to quash or modify."
url: "https://uscodex.org/cfr/33/20.609"
---

# §20.609. Motions to quash or modify.

- (a) A person to whom a subpoena is directed may, by motion with notice to the party requesting the subpoena, ask the ALJ to quash or modify the subpoena.
- (b) Except when made at a hearing, the motion must be filed:
  - (1) 10 days or less after service of a subpoena compelling the appearance and testimony of a witness or the production of evidence or
  - (2) **At or before the time specified in the subpoena for compliance, whichever is earlier.**
- (c) If the subpoena is served at a hearing, the person to whom it is directed may, in person at the hearing or in writing within a reasonable time fixed by the ALJ, ask the ALJ to quash or modify it.
- (d) The ALJ may quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue.

## Notes

### Authority

Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; Department of Homeland Security Delegation No. 0170.1, para. 2(73).

### Source

Source: CGD 98-3472, 64 FR 28062, May 24, 1999, unless otherwise noted.