This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Florida Motion to Quash Deposition Subpoena Duces Tecum
Category:
State:
Multi-State
Control #:
US-PI-0042
Format:
Word;
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How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
A sample subpoena duces tecum without deposition that counsel may use to compel a nonparty witness to produce documents in Florida civil litigation.
A sample subpoena duces tecum for deposition that a party may use to compel a nonparty witness to produce documents and testify at a deposition in Florida civil litigation.
Motion to quash Before filing the motion, you must do two things: (1) serve written objections to the deposition notice; and (2) meet and confer with opposing counsel before filing the motion. If you file a motion to quash, the deposition is automatically stayed pending the court's ruling.
The notice must state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs.
Generally, a Subpoena Duces Tecum for deposition in aid of execution is served upon a representative of the judgment debtor, requiring them to appear for the taking of their deposition at a date and time certain and to bring with them certain corporate books, records and other documentation that the creditor may deem ...
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.
A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the ?discovery process? before trial and may not be used in an actual court hearing.
On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought or the form requested is not reasonably accessible because of undue costs or burden.