District of Columbia Affidavit in Support of 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.

District of Columbia Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed in the District of Columbia that seeks to challenge a subpoena duces tecum (documentary evidence) issued in connection with a legal proceeding. This affidavit serves as a formal declaration by a party or witness, detailing the reasons why the subpoena should be quashed or deemed unreasonable and oppressive. The District of Columbia Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive can be categorized into different types based on the specific grounds for challenging the subpoena. Some of these types may include: 1. Unreasonableness: This type of affidavit argues that the subpoena is unreasonable because it imposes an undue burden on the party or witness. It may claim that the requested documents are not relevant to the case, that the time frame for compliance is excessively short, or that the volume of documents requested is too high and would require an unreasonable amount of time, resources, or expenses. 2. Oppressiveness: This type of affidavit asserts that the subpoena is oppressive in nature, meaning that it goes beyond what is necessary or appropriate for the legal proceeding. It might argue that the subpoena is merely a fishing expedition or an attempt to harass, intimidate, or burden the party or witness. 3. Lack of particularity: This type of affidavit challenges the subpoena on the grounds that it lacks the necessary specificity or particularity required to identify the documents sought. It may argue that the subpoena's description of the requested documents is too vague or ambiguous, making it impossible to comply with its terms. 4. Privilege or protection: This type of affidavit asserts that the requested documents are protected by a legal privilege, such as attorney-client privilege or doctor-patient privilege. It may claim that the subpoena infringes upon these privileges and thereby should be quashed. In conclusion, the District of Columbia Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a vital legal document used to challenge subpoenas in the District of Columbia court system. By filing this affidavit, parties or witnesses can present their arguments and evidence to convince the court that the subpoena should be invalidated due to its unreasonableness, oppressiveness, lack of particularity, or violation of privileges.

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FAQ

A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence. See California Code of Civil Procedure Section 1985.

One method of responding to a subpoena is to file what is known as a ?Motion to Quash.? A ?motion? is a written document directed to the judge in the case asking the judge to take some action for the reasons stated in the motion. ?Quash? is a legal term meaning to terminate, reject or void.

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. ...

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.

Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests. Insufficient time to reply. Disclosure of privileged or confidential information. Disclosure of trade secrets. Undue burden or expense. Inaccessible data.

Undue Burden. Rule 45(d)(1) requires parties issuing a subpoena to ?take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.? Fed. R. Civ. P. 45(d)(1).

A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.

If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.

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(2) Quashing or modifying a subpoena. On a timely motion, the court may quash or modify a subpoena that, among other things: (i) fails to allow reasonable ... 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 subpoena recipient must file any motion to quash or modify a subpoena with ... file the motion in the issuing court or in the court for the district where ... A command to produce documents, electronically stored information, or tangible things or to permit the inspection of premises may be included in a subpoena ... Jan 2, 2004 — 1 Contemporaneously with the preparation of this Motion, BCBSTX prepared a supporting affidavit to be signed by a BCBSTX employee with ... Jun 14, 2013 — An administrative subpoena is summarily enforceable if the subpoena is within the agency's authority, it seeks information reasonably relevant ... The District Court, James R. Kirkland, J., held that provision of Federal Rule of Criminal Procedure authorizing court to quash or modify subpoenas duces tecum ... . To obtain a material witness order, the State or the defendant must file a motion supported by an affidavit showing cause for its issuance. The witness ... 1:9-4 CA subpoena requiring the attendance of a witness at a hearing in any court may be served at any place \vithin the State of New Jersey"}. Rule 4: 147. Default - Military Affidavit (PDF). Mediator Application (See Appendix B of the Local Rules for more information) (PDF); Notice of Appeal in a Civil Case (PDF) ...

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District of Columbia Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive