Alabama Motion to Quash Video
Understanding this form
The Motion to Quash Video is a legal document used in civil proceedings to request the court to stop the taking of a video deposition. This form seeks a protective order under the Alabama Rules of Civil Procedure, specifically addressing concerns about the video deposition method employed by the opposing party. It helps prevent situations where a party may use video depositions to intimidate or unfairly influence the proceedings.
Form components explained
- Identification of the parties involved, including plaintiffs and defendants.
- Statement of the motion to quash the video deposition request.
- Legal reasoning based on Rule 30(b)(4) of the Alabama Rules of Civil Procedure.
- Details on objections to the notice of deposition and associated document requests.
- Request for a court order to prevent the deposition from occurring.
- Certificate of service confirming notification to relevant parties.
When to use this form
This form should be used when a party wishes to challenge the method of recording a deposition or when there are concerns regarding the burden of document requests associated with the deposition. It is particularly important in cases where video depositions could potentially lead to intimidation or where there are procedural conflicts, such as scheduling issues or locations that are not agreed upon by both parties.
Who needs this form
- Any party in a civil lawsuit in Alabama opposing a video deposition.
- Plaintiffs or defendants concerned about the implications of a video deposition.
- Legal representatives who need to file a motion to protect their client's rights in the discovery process.
Instructions for completing this form
- Identify and enter the names of the plaintiffs and defendants.
- Clearly state the details of the motion, including the specific video deposition being challenged.
- Provide legal justifications and cite relevant rules or case law.
- Include specific objections to the deposition and document requests made by the opposing party.
- Sign the form and include contact information for the attorney representing the plaintiffs.
- Ensure that a certificate of service is included, providing proof of notification to all parties involved.
Notarization requirements for this form
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to provide sufficient legal justification for the motion.
- Neglecting to properly notify all parties involved in the case.
- Completing the form without consulting local court rules or procedures.
Benefits of using this form online
- Easy access to legally drafted templates ensuring compliance with Alabama laws.
- Convenient customization options to tailor the form to your needs.
- Rapid download and printing capabilities for immediate use.
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FAQ
Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."
Any employee whose employment records are sought by a subpoena duces tecum may bring a motion to quash. Note that non-party employees may object to a subpoena by serving written objections. 3. Any non-party who has been served with a business records subpoena may bring a motion to quash.
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.
After the motion to quash is filed, the court will review the case and make its determination. For example, if the judge grants a motion to quash service, then the service on the defendant would be considered void. A motion to quash that is approved would also invalidate any applicable decisions from a lower court.
X FILED A MOTION TO QUASH ON THE FOLLOWING GROUNDS: THAT THE COURT LACKED JURISDICTION OVER THE PERSON OF THE ACCUSED AND THAT THE COMPLAINT CHARGED MORE THAN ONE OFFENSE. CAN THE COURT GRANT THE MOTION ON THE GROUND OF LACK OF JURISDICTION? on this ground.
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.
In order to file a motion to quash, you will need to draft the motion and file it in the case/court that appears on the document you were served with. Once filed, the motion to quash will stay the subpoena, until a judge makes a ruling on the motion or the subpoenaed party and the issuing party reach an agreement.
The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. The court shall consider no ground other than those stated in the motion, except lack of jurisdiction over the offense charged.
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid.In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer.
