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.
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A motion to suppress is a request by the defendant that the judge excludes certain evidence from trial. The Fourth Amendment to the Constitution protects citizens from unreasonable search and seizures and motions to suppress are the key resource to protecting this right.
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
Burden of Proof Generally, the party seeking to compel compliance with discovery requests, including a subpoena, bears the initial burden of demonstrating the relevance of the sought-after evidence. Counsel must also include in the motion to compel: The specific requests at issue.
The subpoena is unreasonable or oppressive; 2. the testimony, documents, or objects sought are irrelevant, immaterial, or cumulative; 3.
Quash or modify the subpoena if it is unreasonable and oppressive; or. Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the evidence.
Subpoenas are enforceable as provided in Code Section 24-13-26. If an individual misuses a subpoena, he or she shall be subject to punishment for contempt of court and shall be punished by a fine of not more than $300.00 or not more than 20 days' imprisonment, or both.
A subpoena shall state the name of the court, the name of the clerk, and the title of the proceeding and shall command each person to whom it is directed to attend and give testimony or produce evidence at a time and place specified by the subpoena.
A subpoena can be issued by a lawyer on behalf of the court. If the subpoena is for a certain official, such as an agency head, mayor, or governor, an administrative judge must give the order.
