Based on which statute/rule such subpoena request can be opposed?

Question

Please identify statutes/rules that define opposition to subpoena in this situation. 
  
Person or entity was served with subpoena. On subpoena form deposition date was modified to LATER date, BEFORE subpoena was served. Change was done by crossing out previous date and filling out later date with signature and initials of requestor. 
 
Based on which statute/rule such subpoena request can be opposed?

James L. Arrasmith · Answer

You can oppose the subpoena by referencing the Federal Rules of Civil Procedure, specifically Rule 45. This rule governs the issuance and modification of subpoenas. If the deposition date was altered improperly after service, such as by crossing out the original date and adding a new one without proper authorization, this may violate Rule 45’s provisions on how subpoenas must be managed. 
 
Additionally, Rule 45(c) outlines the procedures for modifying or quashing a subpoena. Under this rule, any changes to the subpoena should be formally issued and served, not simply altered by crossing out and rescheduling. Improper modifications can be grounds to request the court to quash or modify the subpoena. 
 
You might also consider local court rules, which can provide further guidance on handling such issues. Consulting these statutes and rules will help you present a strong case to oppose the subpoena based on the improper alteration of the deposition date.

Eliza Jasinska · Answer

In California, a subpoena can be opposed if altered improperly, potentially invalidating its legal standing. Under CCP § 1985.3, § 1987.1, and California Rules of Court 3.1345, recipients may file a motion to quash if procedural defects, like unauthorized alterations, exist. Since the deposition date was changed by crossing out and initialing, this may be grounds to oppose. Consult a lawyer to assess your options.

Q: Based on which statute/rule such subpoena request can be opposed?