Motion to Quash Deposition Subpoena Duces Tecum
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FAQ
Providing objections suspends your obligation to comply with the subpoena until or unless a court orders compliance, or you reach an agreement with the party that served you with the subpoena. If you do not wish to comply with the subpoena, you may file a motion to quash it before the date set forth on the subpoena.
3. Any non-party who has been served with a business records subpoena may bring a motion to quash. Note, however, that some case law holds that a non-party may simply serve written objections and is not required to bring a motion to quash. The discovery rules do not discriminate against nonparty deponents.
A motion to quash a subpoena duces tecum should be filed within ten (10) days after receiving the subpoena or before the time stated for compliance if that time is fewer than ten days.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
This gives the patient (or other parties in the case) time to file a Motion to Quash (i.e., to request that the judge disallow the discovery of these documents as potential evidence in the case).
A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that the issuance of some court document like a subpoena was not done in a legal manner. For example, a party that receives improper service of process may file a motion to quash.
A motion to quash, by itself, does not stop the deposition. You will have to get the hearing advanced to a date before the deposition date.
A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the discovery process before trial and may not be used in an actual court hearing.