Arkansas Sample Letter for Motion to Quash
Description
How to fill out Sample Letter For Motion To Quash?
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FAQ
If you think the landlord's Complaint was filled out wrong or was served wrong, you might file a motion to ask the court to do something about it instead of filing an Answer. These motions are called a Motion to Quash Service or a Demurrer. These aren't pre-made court forms. They're filled out on pleading paper.
If a subpoena does not command an appearance, then it must be served by e-mail, facsimile, or hand delivery on all other parties at least three (3) business days before the subpoena is served on the person to whom it is directed.
Duces tecum in Latin means, ?you shall bring with you.? This case from California, explains that ?a subpoena that requires the production of records, documents, or other things is known as a 'subpoena duces tecum. '?
A motion to quash is most commonly filed at the beginning of a trial, or an appeal as a pretrial motion. It may be considered as somewhat similar to a motion to dismiss. However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing.
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 purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question. When a motion to quash is filed, the court will review the arguments and evidence presented by the party filing the motion, as well as any opposing arguments.
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.
The discovery rule resolves this issue by extending the statute of limitations to the date the injury was discovered, allowing the accident victim the opportunity to file a claim after the three-year limit has passed.
