This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Motion to Quash Deposition Subpoena Duces Tecum
Category:
State:
Multi-State
Control #:
US-PI-0042
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
A Motion to Quash Deposition Subpoena Duces Tecum is a formal request filed in court to cancel or nullify a subpoena that requires a party to produce documents or records. This type of motion is typically used when a subpoena is perceived to be overly broad, burdensome, or irrelevant to the case at hand. The term 'Duces Tecum' translates to 'you shall bring with you,' highlighting that the subpoena demands the production of certain documents or evidence during a deposition.
How to complete a form
Completing a Motion to Quash requires careful attention to detail. Follow these steps:
- Identify the parties: Include the names and roles of the petitioner/plaintiff and the respondent/defendant.
- Insert relevant dates: Fill in the date the subpoena was served and any other necessary date references.
- Present your grounds: Clearly outline the reasons for quashing the subpoena, detailing any objections regarding relevance or burden.
- Request specific action: Specify whether you are asking the court to quash the subpoena outright or to modify it.
- Include your contact information: Provide your legal address, phone number, and email address for correspondence.
Ensure the form is signed and dated before submission.
Key components of the form
The Motion to Quash Deposition Subpoena Duces Tecum should include the following components:
- Case caption: This includes the name of the court, the parties involved, and the case number.
- Introductory statement: A brief introduction stating the purpose of the motion.
- Grounds for quashing: A comprehensive list of reasons backing your request to quash the subpoena.
- Prayer for relief: Clearly state what you are asking the court to do as a result of your motion.
- Signature block: This section includes your name, title, contact information, and attorney number if applicable.
Who should use this form
This form should be used by individuals or organizations that have received a deposition subpoena duces tecum and wish to contest its validity. Common users include:
- Defendants in a civil case who want to protect sensitive information.
- Third parties who are not involved in the litigation but have been subpoenaed to provide documents.
- Legal representatives acting on behalf of clients facing unreasonable requests.
It's important to assess the relevance and breadth of the subpoena before deciding to file a motion.
Legal use and context
Filing a Motion to Quash is a legal remedy provided by the rules of civil procedure in many jurisdictions. Courts often consider these motions in the context of:
- The relevance of the requested documents to the ongoing litigation.
- The burden that compliance would impose on the party from whom documents are requested.
- The need for privacy and protection of confidential information.
Understanding the local rules and the specific procedural requirements is essential for effectively utilizing this motion.
Common mistakes to avoid when using this form
When completing a Motion to Quash, it's important to avoid these common pitfalls:
- Insufficient grounds: Failing to adequately explain why the subpoena should be quashed can lead to denial of the motion.
- Missing deadlines: Ensure you file the motion within the timeframe specified by court rules to avoid being barred from relief.
- Not including relevant documents: Attach any supporting evidence or documents that bolster your argument against the subpoena.
- Incorrect formatting: Ensure the motion is formatted according to court requirements to avoid procedural dismissal.
Review your motion thoroughly before submission to minimize errors.
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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.