Louisiana Motion To Quash Subpoena

State:
Louisiana
Control #:
LA-5207
Format:
Word; 
Rich Text
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Description

This is an example of a motion for discovery filed by the defendant in a criminal case. Defendant requests information regarding the State’s case against him, and inspection of all documents and evidence, etc. related to the case. An order to show cause is attached.
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FAQ

Rule 9.15 - Subpoenas (a) In cases other than juvenile and family law proceedings, a request for issuance of a subpoena shall be filed with the clerk of court at least ten days before the desired appearance date, unless a different deadline is set by the court in the pre-trial or other order.

Then, you need to domesticate the subpoena. This involves requesting the subpoena to be issued from the out-of-state court, which, depending on the state, can be done through an application, filing a petition as a process server, providing additional documents to the court, or having an attorney file a petition.

Fill out and file a Request to Quash the Subpoena. Give your reasons for your objections to the Subpoena and what it is asking for. You can object to having to attend the hearing or trial, and explain why. You can object to bringing some or all the documents that the other party requested in his or her Subpoena.

A party or an attorney requesting the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or cost on a person subject to that subpoena. The court in which the action is pending in its discretion may vacate or modify the subpoena if it is unreasonable or oppressive.

Domestication: To enforce the out-of-state subpoena in Louisiana, it must be domesticated or recognized by the local court. This involves submitting the subpoena, along with a domestication request, to the court in the parish where the discovery is sought.

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Louisiana Motion To Quash Subpoena