HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 108 - ORDER GRANTING MOTION TO QUASH1
District Court, Larimer County, State of Colorado
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521-2761
(970) 494-3500
▲ COURT USE ONLY ▲
Plaintiff:
Eric Sutherland
v.
Defendants:
The City of Fort Collins, et al.
Case Number: 2018CV149
Courtroom: 5B
ORDER GRANTING MOTION TO QUASH
Plaintiff filed a Motion to Quash on March 14, 2019. Having considered the
motion and applicable law, the Court finds and orders as follows.
Plaintiff served subpoenas to attend and produce on Delynn Coldiron and Rita
Knoll. The service of the subpoenas does not comply with the requirements of Rule 45,
therefore the Court grants the motion to quash.
“Serving a subpoena requires delivering a copy to the named person or service
otherwise ordered by the court consistent with due process.”. C.R.C.P. 45(b)(2). This
Court did not order that the subpoenas could be served other than through personal
service. Therefore, Plaintiff was required to personally serve his subpoenas in
accordance with Rule 45. Plaintiff did not personally serve his subpoenas until March
14, 2019, one day before the scheduled hearing.
Plaintiff’s subpoenas ask Ms. Coldiron and Ms. Knoll to attend and testify at the
March 15, 2019 hearing and to produce certain documents. Plaintiff did not serve either
request in a timely manner, thus the Court grants the motion to quash. A subpoena
requiring the production of documents must be served “no later than 14 days before
compliance is required”. C.R.C.P. 45(b)(1)(C). In this case Plaintiff served his
subpoenas one day before compliance is required. This violates Rule 45 and therefore
the Court quashes the subpoenas as far as they require Ms. Coldiron and Ms. Knoll to
produce documents.
DATE FILED: March 15, 2019
CASE NUMBER: 2018CV149
2
Further, subpoenas requesting attendance and testimony must be served “no
later than 48 hours before the time for appearance”. Again, Plaintiff served his
subpoenas less than 48 hours before the hearing is scheduled to begin. This violates
Rule 45 and therefor the Court quashes the subpoenas as far as they require Ms.
Coldiron and Ms. Knoll to attend and testify at the March 15, 2019 hearing.
Order
The Motion to Quash is granted.
Dated: March 15, 2019.
BY THE COURT:
__________________________
Gregory M. Lammons
District Court Judge