New York Law (NYLE) Practice Exam

To whom should a motion to quash a subpoena issued by an administrative law judge be made initially?

1. The public body involved

2. The administrative law judge who issued the subpoena

3. The agency head

4. The party that issued the subpoena

The correct answer is: The administrative law judge who issued the subpoena

A motion to quash a subpoena issued by an administrative law judge should be made initially to the administrative law judge who issued the subpoena. This is because the administrative law judge has the authority to assess the validity of the subpoena and determine whether it should be enforced or set aside. The judge can address issues such as relevance, scope, or any potential burdens the subpoena might impose. While other parties, such as the public body or the agency head, may be involved in the overall proceeding or have a vested interest in the outcome, they do not have the judicial authority to rule on a motion concerning a subpoena directly. Similarly, the party that issued the subpoena is not the appropriate recipient for a motion to quash since this motion is aimed specifically at challenging the validity of the subpoena itself, requiring the attention and decision-making of the administrative law judge who has the jurisdiction to rule on such matters.