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How do i file a protective motion to quash?

Denver, CO |

I have received a letter in the mail that Comcast cable has been served a subpoena in federal court, ordering that they supply my information for allegedly infringing copyrights on a company on the internet. They say that they will provide the court that information unless I file a protective motion to quash or vacate the Subpoena. What grounds can I file that motion? This is for court in Deleware and I live in Colorado. Is the fact that I live so far away a good enough reason? Or the fact that there were several people living at my residence at the time and I have no idea what they are talking about? (I dont even understand what a "bitorrent" is) Im not sure exactly how much trouble I am in I guess.

Attorney Answers 2


  1. I would post this in DE as well. Even though Comcast is a Denver company, this obviously appears to be an out-of-state subpoena from DE out of either a criminal investigation or a civil case. Technically, Comcast can file a Motion to Quash the Subpoena. However, if you file a Motion to Quash the subpoena, what are the privacy interest grounds that you are going to seek protection for other than possible illegal conduct. You need to state why you have an expectation of privacy in cable service and internet service communications. Otherwise, the Court will error on the ground of at least inspecting the documents in chambers by the judge and the judge will determine if they are relevant to the investigation and can be disclosed.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


  2. You must file a Rule 45 (below) motion to quash and state your grounds for the motion such as ambiguous, untimely, etc. The fact that you live far away does not factor in here since this is a national company with computer records easily attained. Please consult with any attorney right now as these types of lawsuits about downloading content can get real mean real fast.