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.
Choosing the right legal file template could be a have a problem. Naturally, there are a lot of layouts available on the Internet, but how can you get the legal kind you need? Utilize the US Legal Forms site. The service delivers 1000s of layouts, including the District of Columbia Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive , which you can use for organization and personal needs. Each of the varieties are checked out by professionals and meet state and federal needs.
In case you are presently authorized, log in to the account and click on the Obtain switch to have the District of Columbia Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive . Utilize your account to appear from the legal varieties you have purchased previously. Go to the My Forms tab of your respective account and obtain another version of your file you need.
In case you are a whole new customer of US Legal Forms, allow me to share basic recommendations for you to stick to:
US Legal Forms is the biggest catalogue of legal varieties for which you can find numerous file layouts. Utilize the company to obtain appropriately-produced paperwork that stick to state needs.
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.
