Alabama Motion for Protective Order, Motion to Quash And Objection to Notice of Deposition Duces Tecum
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How to fill out Motion For Protective Order, Motion To Quash And Objection To Notice Of Deposition Duces Tecum?
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FAQ
(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.
Complying with the subpoena duces tecum means you must produce every document requested that is under your control. If any of the documents aren't in your possession, then you or your attorney must submit (and have granted) a motion to modify the scope of the subpoena before the set date.
Objections in depositions: Whenever necessary, the defending attorney raises deposition objections to prevent the witness from providing misleading, confusing, or inaccurate testimony. Generally, proper deposition objections may be made on the grounds of form, relevancy, or privilege.
Contrast with Motion to Quash Because timely serving written objections suspends a non-party's obligation to comply with a document subpoena pending a court order, the recipient of a document subpoena does not need to formally move to quash the subpoena.
The subpoena response process: Notify relevant parties. Issue a legal hold for potentially responsive ESI. Challenge the subpoena if you choose to do so. Collect ESI for review. Review ESI for privilege, confidentiality, and responsiveness. Produce ESI to the issuing party.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.
Once you've completed and served the subpoena, you can expect the witness to appear at your trial or hearing with the evidence you requested.