A Motion to Quash Deposition Subpoena Ducks Cecum is a legal document that requests the court to cancel or withdraw a subpoena duces tecum, which is a subpoena that requires the production of specific documents or evidence for a deposition in a legal proceeding. In the state of Arkansas, there are different types of motions to quash deposition subpoenas duces tecum, which include: 1. Standard Motion to Quash Deposition Subpoena Ducks Cecum: This type of motion is filed by a party who believes that the subpoena duces tecum is improper, burdensome, irrelevant, or violates some legal privilege. It can be used to challenge the scope or legality of the subpoena. 2. Protective Motion to Quash Deposition Subpoena Ducks Cecum: This type of motion is filed to protect the privacy of the party or third party whose documents are being sought by the subpoena. It argues that the subpoena infringes on the rights of the individual or entity and should be quashed or modified to protect their rights. 3. Foreign Subpoena Motion to Quash Deposition Subpoena Ducks Cecum: This type of motion is filed when a subpoena is issued by a court outside of Arkansas but seeks enforcement within the state. The motion challenges the validity or enforceability of the out-of-state subpoena and requests the Arkansas court to quash it. 4. Improper Service Motion to Quash Deposition Subpoena Ducks Cecum: This type of motion is filed when the party believes that the subpoena was not served correctly, in accordance with the legal requirements. It may argue that the service was not properly executed or that it did not give sufficient time for compliance. 5. Over broad Motion to Quash Deposition Subpoena Ducks Cecum: This type of motion is filed when the party argues that the subpoena seeks documents or information that goes beyond the permissible scope of discovery. It challenges the breadth or relevancy of the requested documents and requests the court to narrow or quash the subpoena. In summary, the Arkansas Motion to Quash Deposition Subpoena Ducks Cecum encompasses various types of motions that aim to challenge the propriety, jurisdiction, privacy concerns, improper service, or over breadth of a subpoena. These motions enable parties to seek relief and protection from undue burden or potential violation of rights during the discovery phase of a legal proceeding.
Arkansas Motion to Quash Deposition Subpoena Duces Tecum
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How to fill out Arkansas Motion To Quash Deposition Subpoena Duces Tecum?
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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. ...
(D) Command to Produce; Included Obligations. A command in a subpoena to produce documents, electronically stored information, or tangible things requires the responding person to permit inspection, copying, testing, or sampling of the materials.
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 a 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. R. Civ.
A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the ?discovery process? before trial and may not be used in an actual court hearing.
Rule 41 - Dismissal of Actions (a)Voluntary Dismissal; Effect Thereof. (1) Subject to the provisions of Rule 23(e) and Rule 66, an action may be dismissed without prejudice to a future action by the plaintiff before the final submission of the case to the jury, or to the court where the trial is by the court.
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 64 - Addition and Withdrawal of Counsel (a) When additional counsel is employed to represent any party in a case, said counsel shall immediately cause the clerk to enter his or her name as an attorney of record in the case and shall also immediately notify the court and opposing counsel that he or she has been ...