New York Motion To Quash Subpoena

State:
New York
Control #:
NY-02517BG
Format:
Word; 
Rich Text
Instant download

Description

The New York Motion to Quash Subpoena is a legal document used to challenge the validity of a subpoena served to an individual or entity. This form is especially critical for attorneys, partners, owners, associates, paralegals, and legal assistants who need to protect their clients' rights in court proceedings. Key features of this form include sections to specify the grounds for the motion, details regarding the case, and required signatures for formal submission. Users must clearly articulate the reasons for quashing the subpoena and can include supporting evidence or testimony. To fill out the form, it is essential to replace placeholders with the relevant names, dates, and case details. Additionally, this motion can be filed in various scenarios, such as when a subpoena seeks irrelevant information, is overly broad, or infringes upon a party's rights. Completing this form accurately is crucial, as it can affect the outcome of the judicial process. This tool empowers legal professionals to advocate effectively for their clients in New York's judicial system.
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FAQ

Grounds for Motion to Quash New York caselaw holds that a Motion to Quash a subpoena can be made to challenge the validity of the subpoena or the jurisdiction of the issuing authority. New York courts broadly interpret this power of the courts to quash or modify a subpoena or impose conditions the court finds just.

A. : a collection of papers or records arranged in order. b. : a collection of data considered as a unit (as for a computer) file.

(4) A person commanded to appear at a hearing must file any motion to quash the subpoena or objection to a requirement to appear with certain documents with the commission no later than the 14th day before the hearing at which the person is directed to appear.

Providing inaccurate information on the Affidavit of Service, failing to have it notarized, or not filing it with the court can nullify the subpoena. The Affidavit of Service is considered proof that the subpoena was delivered to the intended recipient.

If the subpoena is not returnable in a court, a request to withdraw or modify the subpoena shall first be made to the person who issued it and a motion to quash, fix conditions or modify may thereafter be made in the supreme court; except that such motion with respect to a child support subpoena issued pursuant to ...

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New York Motion To Quash Subpoena