Florida Process Server Practice Test

Which of the following is NOT a reason for a court to quash or modify a subpoena?

1. Fails to allow reasonable time to comply

2. Requires travel over 200 miles

3. Subjects a person to undue burden

4. Requires a person who is not a party to travel more than 100 miles from residence

The correct answer is: Requires travel over 200 miles

The correct choice indicates that requiring travel over 200 miles is not universally a valid reason for a court to quash or modify a subpoena. The legal framework allows for different considerations regarding distance, and while travel distance can be a factor, it is not an automatic or definitive reason to quash a subpoena without additional context. A subpoena is typically assessed based on its reasonableness and the burden it places on the recipient. For example, if complying with a subpoena fails to allow a reasonable time to respond, subjects an individual to undue burden, or requires a non-party to travel more than 100 miles from their residence, these scenarios provide strong grounds to challenge the subpoena. However, the threshold of 200 miles does not inherently trigger courts to quash a subpoena, as there may be justifications for requiring travel over such distances depending on the circumstances of the case and the necessity of the testimony or evidence sought. Thus, the nuances in legal standards mean that simply requiring travel exceeding a specified distance, such as 200 miles, does not automatically render a subpoena defective or unreasonable. Understanding the context of burdens, reasonableness, and constraints around subpoenas is essential for navigating these procedures effectively.