• US Legal Forms

Motion To Quash Deposition Texas Sample

State:
Multi-State
Control #:
US-02676BG
Format:
Word; 
Rich Text
Instant download

Description

A motion to quash asks the judge for an order setting aside or nullifying an action, such as "quashing" service of a summons.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A "Motion to Quash Deposition" is a legal document submitted to the court by a party in a lawsuit in Texas, seeking to prevent or cancel a scheduled deposition. Depositions are sworn testimonies taken under oath, usually outside the courtroom, as part of the fact-finding process prior to trial. However, there may be valid reasons for requesting a motion to quash a deposition. Keywords: Motion to quash deposition, Texas, sample, legal document, party, lawsuit, scheduled deposition, sworn testimony, fact-finding process, trial. Different types of Motion to Quash Deposition in Texas: 1. Insufficient Notice Motion to Quash Deposition: This type of motion is filed when a party believes the notice for the deposition was not given with adequate time. Texas law generally requires a reasonable notice period to allow all parties involved to prepare. 2. Improper Subpoena or Service Motion to Quash Deposition: If a party believes that the subpoena or service of the deposition was incorrect or improper in some way, they may file this motion to challenge the validity of the deposition based on the procedural flaws. 3. Privilege Motion to Quash Deposition: This type of motion is filed when a party believes that the questions or topics raised during the deposition may invade attorney-client privilege, doctor-patient privilege, or any other legally privileged communication. 4. Over breadth Motion to Quash Deposition: This motion is filed when a party believes that the scope of the deposition is too broad and extends beyond the relevance of the case. It argues that the deposition questions go beyond what is necessary for discovery or trial preparations. 5. Undue Burden Motion to Quash Deposition: This type of motion is filed when a party feels that the deposition would cause them undue burden, harassment, or would be excessively time-consuming or expensive. 6. Improper or Irrelevant Questions Motion to Quash Deposition: If a party believes that the opposing party is asking improper or irrelevant questions during the deposition, this motion can be filed to prevent the questioning from continuing. 7. Unavailability of Witness Motion to Quash Deposition: It may occur that a witness essential for the deposition becomes unavailable due to unforeseen circumstances. In such cases, a motion can be filed to quash the deposition or seek an alternative arrangement for taking the witness's testimony. Remember, the specific requirements and procedures for filing a Motion to Quash Deposition can vary, and professional legal advice is advisable when dealing with such matters.

Free preview
  • Preview Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive
  • Preview Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

How to fill out Motion To Quash Deposition Texas Sample?

The Motion To Quash Deposition Texas Sample you see on this page is a reusable legal template drafted by professional lawyers in accordance with federal and local laws. For more than 25 years, US Legal Forms has provided individuals, businesses, and legal professionals with more than 85,000 verified, state-specific forms for any business and personal occasion. It’s the quickest, simplest and most trustworthy way to obtain the documents you need, as the service guarantees bank-level data security and anti-malware protection.

Getting this Motion To Quash Deposition Texas Sample will take you only a few simple steps:

  1. Search for the document you need and review it. Look through the sample you searched and preview it or review the form description to confirm it suits your needs. If it does not, use the search bar to get the correct one. Click Buy Now once you have located the template you need.
  2. Sign up and log in. Opt for the pricing plan that suits you and create an account. Use PayPal or a credit card to make a quick payment. If you already have an account, log in and check your subscription to proceed.
  3. Acquire the fillable template. Choose the format you want for your Motion To Quash Deposition Texas Sample (PDF, Word, RTF) and download the sample on your device.
  4. Fill out and sign the document. Print out the template to complete it manually. Alternatively, use an online multi-functional PDF editor to quickly and accurately fill out and sign your form with a eSignature.
  5. Download your papers one more time. Utilize the same document again whenever needed. Open the My Forms tab in your profile to redownload any previously purchased forms.

Subscribe to US Legal Forms to have verified legal templates for all of life’s circumstances at your disposal.

Form popularity

FAQ

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.

If the motion is filed by the third business day after service of the notice of deposition, an objection to the time and place of a deposition stays the oral deposition until the motion can be determined.

Rule 199.4 of the Texas Rules of Civil Procedure provides that ?[a] party may object to the time and place designated for an oral deposition by motion for protective order or by motion to quash the notice of the deposition.

You must file your motion with the court and serve it to the other parties. Some courts require electronic filing and service of motions. Otherwise you can file the motion the same way you filed your petition or answer.

Interesting Questions

More info

Movant objects to the Notice of Deposition pursuant to Rule 199.4 of the Texas Rules of. 2. Below are a sample motion and memorandum to quash a subpoena in federal court.A motion to quash asks the court to confirm that you don't have to respond to a discovery request. Procedure 45, seeking to quash or modify a subpoena (the "Subpoena") issued by. Proper grounds for a motion to quash subpoena include relevancy, spectrum, and availability of information from other sources. View on Westlaw or start a FREE TRIAL today, § 0. Form—Motion for protective order and to quash deposition, Secondary Sources. A motion filed on these bases within three (3) business days after service of the subpoena auto- matically stays the deposition until the motion can be heard. Written discovery essentially encompasses everything except for depositions and requests for mental examinations. A motion filed on these bases within three (3) business days after service of the subpoena auto- matically stays the deposition until the motion can be heard.

Trusted and secure by over 3 million people of the world’s leading companies

Motion To Quash Deposition Texas Sample