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

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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 Colorado Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal tool used to challenge a subpoena requesting the production of documents or evidence that is deemed unreasonable or burdensome. This motion seeks to protect individuals or organizations from overly burdensome or abusive subpoenas that impose unnecessary costs, time, or effort on the subpoenaed party. When a subpoena is considered oppressive or unreasonable, a motion to quash can be filed to request the court to either modify or entirely cancel the subpoena. In Colorado, there are different types of motions to quash that can be filed based on specific circumstances. These may include: 1. Motion to Quash Subpoena Ducks Cecum for Over broad Scope: When a subpoena's request is overly broad, extending beyond what is reasonably necessary for the case, a motion to quash can be filed. This type of motion argues that the subpoena lacks specificity and seeks to narrow down the scope of the documents or evidence being requested. 2. Motion to Quash Subpoena Ducks Cecum for Privilege: In cases where the subpoena demands privileged information or documents protected by attorney-client privilege, doctor-patient privilege, or other legally recognized privileges, a motion to quash can be filed. This motion asserts that the subpoena should be quashed based on the protection offered by the relevant privilege. 3. Motion to Quash Subpoena Ducks Cecum for Undue Burden: If complying with the subpoena places an undue burden on the subpoenaed party, such as excessive costs or significant disruption to normal operations, a motion to quash can be filed. This motion argues that the burden imposed outweighs the benefit or necessity of the requested documents or evidence. 4. Motion to Quash Subpoena Ducks Cecum for Confidentiality Concerns: When a subpoena seeks confidential or proprietary information that could harm the subpoenaed party's competitive advantage or reveal sensitive information, a motion to quash may be necessary. This motion emphasizes the importance of preserving confidentiality and proprietary rights through quashing or modifying the subpoena. 5. Motion to Quash Subpoena Ducks Cecum for Lack of Relevance: If the subpoenaed party believes that the requested documents or evidence are irrelevant or bear no reasonable relationship to the lawsuit, a motion to quash can be filed. This motion argues that the subpoena fails to meet the relevancy requirement and should be quashed. In summary, a Colorado Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal tool used to challenge burdensome or abusive subpoenas. This motion seeks protection from subpoenas that are overly broad, seek privileged information, impose undue burden, breach confidentiality, or lack relevance. By filing these motions, individuals or organizations can assert their rights and protect themselves from unreasonable or oppressive discovery demands.

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Rule 3 - Commencement of Action (a) How Commenced. A civil action is commenced (1) by filing a complaint with the court, or (2) by service of a summons and complaint. If the action is commenced by the service of a summons and complaint, the complaint must be filed within 14 days after service.

Quash, by Request. Any subpoenaed witness, entity, or custodian of documents has the right to request that a subpoena be quashed. Any request shall be treated as a motion to quash. Grounds for quashing a subpoena include that compliance with the subpoena is unduly burdensome or impracticable, or unreasonably expensive.

If there is a reason why you cannot testify or produce documents, you may need to seek the help of an attorney who can file a motion to quash or modify. One thing that you should never do is ignore the subpoena, because if you do ignore it you may face a civil contempt proceeding.

Rule 45(c)(1) addresses a subpoena to testify at a trial, hearing, or deposition. Rule 45(c)(1)(A) provides that compliance may be required within 100 miles of where the person subject to the subpoena resides, is employed, or regularly conducts business in person.

In every criminal case, the prosecuting attorneys and the defendant have the right to compel the attendance of witnesses and the production of tangible evidence by service upon them of a subpoena to appear for examination as a witness upon the trial or other hearing.

To domesticate a subpoena in a case being litigated in any U.S. state other than Colorado (referred to as a ?foreign? state) the request for issuance of subpoena together with the required documents must be filed with the Clerk of the District Court in the county where the discovery is sought to be conducted in ...

Rule requires that, unless subpoenaed witness and other parties consent to an alternate arrangement or by other court order, subpoenaed documents be produced only at the deposition, hearing, or trial specified in the subpoena.

The special masters may order a hearing for the taking of additional evidence at any time while the matter is pending before it. The order shall set the time and place of the hearing and shall indicate matters on which the evidence is to be taken.

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A command to produce records or tangible things may be included in a subpoena commanding attendance at a deposition, hearing, or trial, or may be contained in a ... A subpoena in a criminal matter may be quashed if production would be unreasonable or oppressive. United States v. Nixon, 418 U.S. 683, 700 (1974).In denying the motion to quash, the trial court ordered the parents to permit a defense expert to search their home computer and retrieve emails written by B.G.. 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. 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 ... 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 ... The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct that books ... Any subpoenaed witness, entity, or custodian of documents has the right to request that a subpoena be quashed. Any request shall be treated as a motion to quash ... All citizens have a public responsibility to bear reasonable costs of compliance with governmental subpoenas to produce documents. Hurtado, 410 U.S. at 589, 93 ... Jun 23, 2017 — The court on motion may dismiss or modify the subpoena if compliance would be unreasonable or oppressive. Id. The State also has the power to ...

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