Arkansas Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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Multi-State
Control #:
US-02676BG
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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.

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

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FAQ

Rule 45.1 of the Arkansas Rules of Civil Procedure allows attorneys in ongoing out-of-state lawsuits to issue subpoenas for depositions or documents in Arkansas. The out-of-state subpoena can be sent to the Arkansas clerk with an Arkansas subpoena form with identical wording.

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.

(b) Except as provided in Rule 87 of these rules, a lawyer may not withdraw from any proceeding or from representation of any party to a proceeding without permission of the court in which the proceeding is pending.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be ...

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.

On request of any party in a case tried before a jury, deposition testimony offered other than for impeachment purposes shall be presented in nonstenographic form, if available, unless the court for good cause orders otherwise.

Interrogatories to Parties (a) In General. (1) Availability. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts.

Rule 33 assures that the objections will lead directly to court, through its requirement that they be served with a notice of hearing. Although this procedure does preclude an out-of-court resolution of the dispute, the procedure tends to discourage informal negotiations.

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Arkansas Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive