Arkansas Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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Multi-State
Control #:
US-02675BG
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Word; 
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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 Subpoena Ducks Cecum is a legal document filed by a party in a court case in Arkansas to request the court to invalidate or block a subpoena that has been issued. This motion is filed on the grounds that the subpoena in question is unreasonable and oppressive, meaning it places an excessive burden on the party being subpoenaed. An Arkansas Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive can be filed in various situations, such as: 1. Privacy Invasion: If the subpoena seeks to obtain highly personal or confidential information, such as medical records, financial information, or private communications, the party being subpoenaed can argue that complying with the subpoena would infringe on their right to privacy. 2. Undue Hardship: If complying with the subpoena would cause undue hardship, such as requiring the party to incur significant expenses, disrupt their business operations, or take an excessive amount of time to gather the requested documents, a motion to quash can be filed. 3. Over broad or Vague Requests: If the subpoena is overly broad or lacks specificity, making it difficult for the party to determine what documents are being requested, a motion to quash can be filed on the grounds that the subpoena fails to meet the necessary legal requirements. 4. Irrelevant or Unnecessary Requests: If the party believes that the documents being sought are not relevant to the case or are unnecessary for the fair resolution of the matter, they can file a motion to quash. 5. Inadequate Notice or Improper Service: If the subpoena was not properly served or the party did not receive adequate notice, they can argue that the procedural requirements were not followed, thus invalidating the subpoena. In Arkansas, it is essential to consult the relevant state laws and court rules for specific requirements and procedures when filing a Motion to Quash Subpoena Ducks Cecum. It is advisable to seek legal counsel to ensure that the motion is drafted correctly and includes all necessary arguments and supporting evidence. By utilizing relevant keywords such as Arkansas, Motion to Quash Subpoena Ducks Cecum, unreasonable, oppressive, privacy invasion, undue hardship, over broad, vague requests, irrelevant, unnecessary requests, inadequate notice, and improper service, you can ensure that the content generated aligns with the given topic.

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  • Preview Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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FAQ

A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.

Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests.

Time to Object Under FRCP 45(d)(2)(B) Absent an agreement or court order stating otherwise, a subpoena recipient must serve any written objections on the party or attorney designated in the subpoena before the earlier of: The subpoena's return date (which issuing counsel sets). 14 days after the subpoena is served.

Common grounds for filing a motion to quash are that the individual is outside the subpoena range, or that the items to be produced are unavailable within the specified time or at the specified location. Other common grounds for filing a motion to quash include undue burden and expense.

The person subpoenaed may ask the court to quash or modify the subpoena if it is unreasonable or oppressive or to require that the person on whose behalf the subpoena is issued pay the reasonable cost of such production. Rule 45(b), Ark.

Rule 45-Subpoena. (a) Form; Issuance. (D) set forth the text of subdivisions (c) and (d) of this rule. A command to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately.

A court might, upon a proper motion, quash a subpoena duces tecum if the agency did not have the power to issue the subpoena, the materials sought are not relevant to an authorized investigation, and the items sought are not described with particularity and definiteness, as required by the Fourth Amendment of the U.S. ...

The Subpoena Requires the Disclosure of Privileged or Confidential Information. Federal Rule of Civil Procedure 45 allows a court to quash a subpoena that requires a party to produce certain sensitive information.

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A subpoena issued by the clerk shall be under seal, state the name of the court and the title of the action, and command each person to whom it is directed to ... Arkansas. In general, a person subpoenaed may move 1) to quash or modify the subpoena if it is unreasonable or oppressive, or 2) to require that the person on ...The person subpoenaed may ask the court to quash or modify the subpoena if it is unreasonable or oppressive or to require that the person on whose behalf the ... On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive. (3) Subpoena for Personal or Confidential ... With the provision for relief from an oppressive or unreasonable subpoena duces tecum, compare N.Y.C.P.A. (1937) §411. Note to Subdivision (c). Feb 10, 2022 — If an objection or motion to quash is made, the party issuing the subpoena must get a court order to compel the person's compliance. Failure to ... On timely motion, the issuing court must quash or modify a subpoena that: ... Whether court erred by quashing most of subpoena duces tecum as unreasonable and ... An attorney filing a motion to withdraw from representation shall certify the last known address and telephone number of the party, subject to the ... 1:9-4 CA subpoena requiring the attendance of a witness at a hearing in any court may be served at any place \vithin the State of New Jersey"}. Rule 4: 147. A subpoena recipient must preserve responsive documents and information regardless of whether it believes that the subpoena is objectionable. If the recipient ...

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Arkansas Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive