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At your hearing, you can show the judge any documents or other items that support your argument that a subpoena or other piece of evidence should be quashed. You can also have witnesses testify on your behalf. If you plan on having witnesses, you may need to let the court know in advance. A subpoena can be issued on your behalf if necessary, which compels the witness to be in court for your hearing. Needing a subpoena doesn't mean the witness is unwilling to testify on your behalf. People often need a subpoena to justify their absence from work or school, or to get out of another commitment. Showing up early on the day of your hearing allows you time to go through courthouse security and find the right courtroom. Once you enter the courthouse, check the directory or go to the clerk's office to find out where your hearing will take place. Dress respectfully, as though you were going to a job interview or a church service. If you've brought papers with you, organize them neatly. Most courtrooms don't allow cell phones or other electronic devices. If you're concerned about items you normally carry with you, check with the clerk's office to find out what the court prohibits. Judges typically hear motions for many cases on the same day. Take a seat on one of the benches in the gallery until your case is called. Then you may move up to the front of the courtroom. The judge may ask if you are ready to proceed. Answer "I'm ready, your honor." The judge will then motion you to come forward. Remain standing until the judge or a court officer tells you that you may sit. Since it's your motion, you typically get to speak first. Start with a brief outline of the facts of your case, as you presented in your motion. Then explain to the judge what you want them to do and why. Speak calmly in a clear, loud voice. Stick to the facts and avoid emotional pleas, just as you did in your motion. If the judge asks you a question, pause and answer the question before you continue your argument. If you have evidence to present or witnesses to call, mention this to the judge. The judge will tell you how to proceed. If the other side in your case showed up for the hearing, they will also have a chance to talk to the judge. They will explain why they think the judge shouldn't grant your motion. While it's possible the other side won't show up, this is rare with motions to quash subpoenas. If the other side didn't care about the information, they wouldn't have gotten a subpoena in the first place. Be respectful while the other side is presenting their case. Don't interrupt or yell out at them. If they say something that you don't believe is allowed under court rules, say "objection" and wait for the judge to acknowledge you. Then you can explain to the judge why you think that statement isn't allowed. After the other side has finished, most judges will give you the last word. You can use this time to restate your original arguments, or you can respond to particular statements made by the other side. While you're given the opportunity to speak, you don't have to speak if you have nothing more to add. Simply tell the judge that you "rest." After hearing from both sides, the judge will decide whether to grant or deny your motion. It may take a few days before a written order is available from the clerk's office. It's a good idea to draft an order granting your motion. Most courts have forms for this person. Then if the judge grants your motion, all they have to do is sign the prepared order. If you disagree with the judge's decision, you have to wait until after a final decision is made in the case. If the case as a whole isn't decided in your favor, you can appeal. At that time, you can bring up the motion as a factor that unduly prejudiced you in the case.
Gather documents and evidence to support your motion. Arrive at least 30 minutes early for your hearing. Wait in the gallery for the judge to call your motion. Present your case to the judge. Listen to any response from the other side. Rebut the other side's arguments. Receive the judge's decision.