Colorado Sample Letter for Plaintiff's Motion for Protective Order, Motion to Quash, Objection to Notice of Deposition Duces Tecum
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How to fill out Sample Letter For Plaintiff's Motion For Protective Order, Motion To Quash, Objection To Notice Of Deposition Duces Tecum?
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FAQ
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.
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.
In order to file a motion to quash, you will need to draft the motion and file it in the case/court that appears on the document you were served with. Once filed, the motion to quash will stay the subpoena, until a judge makes a ruling on the motion or the subpoenaed party and the issuing party reach an agreement.
For a trial or court hearing, the subpoena must be served at least 48 hours before the time for appearance. In contrast, subpoenas requiring testimony at a deposition must be served at least 7 days before the date of the deposition.
A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and. (B) inspection of premises at the premises to be inspected.
Service of any subpoena commanding a person to produce records or tangible things in that person's possession, custody, or control shall be made not later than 14 days before compliance is required.
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.
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 ...
