Relief from a Military Subpoena
December 13, 2025Relief from Military Supoena
Relief from a Military Subpoena is rare, but possible. Attorney Barry, an experienced Military Lawyer, explains in this Article.
Military subpoenas are typically issued for two reasons. The first is ordering a person, or organization, to produce certain tangible evidence. This could include messages, photos, emails, phone records, medical records, and other similar evidence. The second type of military subpoena orders a witness (Military or Civilian) to appear at a Court-Martial and provide testimony.
Military subpoenas, especially those requiring a witness to travel to a Court-Martial for a long period of time, can be incredibly disruptive to someone's life. While most people think there is no way to request relief from a Military Subpoena, this is incorrect.
RCM 703(I) states the following:
"If a person subpoenaed requests relief on grounds that compliance is unreasonable, oppressive, or prohibited by law, the military judge or, if before referral, a military judge detailed under Article 30a, shall review the request and shall -- (i) order that the subpoena be modified or quashed, as appropriate; or, (ii) order the person to comply with the subpoena."
Essentially, relief from a Military Subpoena can be accomplished by the affected party filing a motion to quash with the Military Judge. The motion, which can be drafted by an Attorney, should specifically state why the subpoena is unreasonable, oppressive, or prohibited by law, with supporting evidence if applicable. Common reasons could include:
- the amount of hours it would take to comply with the subpoena
- rights of individuals that would be violated if the subpoena is complied with
- embarrassment, without a valid purpose, that could occur if a subpoena is complied with
- the disruption of an important organization if a subpoena is complied with
- personal circumstances that would make witness travel unreasonable (health reasons, significant personal events, etc.)
Anyone considering requesting relief from a Military Subpoena should consult with an experienced Military Lawyer. Retaining assistance to draft a motion to quash increases one's chance for success.
This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has successfully obtained relief from a military subpoena and is very experienced with Courts-Martial.
The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.