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

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US-02675BG
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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 in the state of Arizona to challenge or dispute a subpoena that is considered unreasonable and oppressive. This motion seeks to prevent the enforcement of the subpoena, arguing that it imposes an undue burden or violates the recipient's rights. Keywords: Arizona, Motion to Quash, Subpoena Ducks Cecum, Unreasonable, Oppressive, Legal document, Challenging subpoena, Undue burden, Rights violation. Types of Arizona Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive: 1. General Motion to Quash: This type of motion can be filed when the recipient believes that the subpoena is overly burdensome, oppressive, or violates their rights. 2. Affidavit in Support: This type of motion includes an affidavit or sworn statement from the recipient, providing specific details on how the subpoena is unreasonable and oppressive. 3. Insufficient Notice: This type of motion can be filed when the recipient argues that they did not receive proper or timely notice of the subpoena, which prevented them from preparing an adequate response. 4. Over broad Scope: This type of motion is filed when the recipient believes that the subpoena requests information or documents that are not relevant to the case or exceed the permissible scope of discovery. 5. Privilege or Confidentiality: This type of motion is filed when the recipient asserts that the subpoena seeks privileged or confidential information that should be protected under applicable laws or rules of evidence. 6. Trade Secrets or Confidential Business Information: This type of motion is filed when the recipient argues that compliance with the subpoena will expose trade secrets or confidential business information and harm their competitive advantage. 7. Constitutional Protections: This type of motion is filed when the recipient claims that the subpoena violates their constitutional rights, such as the right to privacy or freedom of speech. In conclusion, an Arizona Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal remedy to challenge and dispute a subpoena that imposes an undue burden or violates the recipient's rights. Various types of motions can be filed based on specific grounds such as general objections, lack of notice, over broad scope, privilege or confidentiality, trade secrets, and constitutional protections.

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How to fill out Arizona Motion To Quash Subpoena Duces Tecum On The Grounds That Subpoena Is Unreasonable And Oppressive?

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FAQ

If we are unable to serve your documents, we can provide you with an affidavit of non-service. This affidavit will show the server's attempt times and details of each attempt. Depending on the type of documents you have, you can use this affidavit to petition the court for alternative methods of service.

(d) Service. A subpoena may be served by any person who is not a party and is at least 18 years old. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering to that person the fees for one day's attendance and the mileage allowed by law.

Rule 4.2(c) states: ?the party may serve the person by mailing the summons and a copy of the pleading being served to the person at that address by any form of postage-prepaid mail that requires a signed and returned receipt.? Once the filing party receives the signed, return receipt, he or she must file an affidavit ...

Unless Rule 4.1(c), (e), (f), or (g) applies, an individual may be served by: (1) delivering a copy of the summons and the pleading being served to that individual personally; (2) leaving a copy of each at that individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; ...

If you wish to object to a subpoena commanding your appearance at a hearing, trial or deposition, you must file a motion to quash or modify the subpoena with the court to obtain a court order excusing you from complying with this subpoena. See Rules 45(b)(5) and 45(e)(2) of the Arizona Rules of Civil Procedure.

A subpoena may command a person to produce and permit inspection, copying, testing, or sampling of designated books, papers, documents, electronically stored information, or tangible things, or inspection of premises with or without commanding the person to appear in person at the place of production or inspection.

Generally, They can't leave the documents at your door, but if they have tried to deliver the documents directly to the person being sued; or have tried delivering the documents to a substitute person of suitable age and discretion at the place of business or the home of the person being sued, then the process server ...

Yes. However, to begin a Civil lawsuit, Personal Service is generally required. If you have a complicated case, or your case involves a Defendant from outside Arizona, ask an attorney for assistance in interpreting the rules and kind of service that best fits your case.

More info

Quash the subpoena if it is unreasonable or oppressive, or; Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is ... Application for Administrative Subpoena Duces Tecum and Subpoena Duces Tecum ... file a motion to quash the subpoena if the subpoena is unreasonable or oppressive ...A motion to quash or modify a subpoena must be filed before the time specified for compliance or within 14 days after the subpoena is served, whichever is ... R. Crim. P. 17(c) allows the court in a criminal proceeding to quash a subpoena duces tecum that it determines to be unreasonable or oppressive. A motion to quash a subpoena duces tecum should be filed within ten (10) ... a motion to quash or modify a subpoena contended to be unreasonable or oppressive. (2) Quashing or Modifying the Subpoena. On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive. When the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if the person subject to ... Feb 5, 2009 — official to attend a deposition, the burden is on the movant to show that the subpoena duces tecum is unreasonable or oppressive. Page 2 ... Grand Jury 87-3 Subpoena Duces Tecum, 955 F.2d 229 (4th Cir. 1992), that a court should. “balance the government's need for documents against the possible ... Jan 9, 2012 — For the foregoing reasons, non party Complete respectfully requests that the. Administrative Law Judge quash, modify, or limit the Subpoena.

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