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

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US-02676BG
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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.

Guam 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 Guam courts to seek the court's intervention in canceling or invalidating a subpoena. This particular affidavit is specifically used when the party receiving the subpoena believes it is unfair, burdensome, or oppressive. The Guam Affidavit in Support of Motion to Quash Subpoena Ducks Cecum is essential in asserting one's rights and providing valid reasons why the subpoena should be dismissed. Typically, this affidavit includes comprehensive details and arguments illustrating the following information: 1. Title and Introduction: Begin with a clear and concise title indicating the nature of the affidavit. Additionally, mention the court's name and case number for proper identification. 2. Background: Provide a brief summary explaining the case and the context in which the subpoena was issued. 3. Parties involved: Clearly identify the parties involved in the case, including the issuer of the subpoena, the person or organization expected to comply with it, and any other relevant parties. 4. Detailed Statement: Present a comprehensive explanation of the reasons why the subpoena is deemed unreasonable and oppressive. Elaborate on the specific burdens or hardships that complying with the subpoena would cause. 5. Legal Arguments: Cite relevant laws, statutes, or legal precedents supporting your claim that the subpoena is unfair or overly burdensome. Provide strong legal reasoning to support the argument. 6. Supporting Evidence: Include any relevant documents, affidavits, or factual evidence that can substantiate the claims made in the affidavit. Attach exhibits or appendices as necessary. 7. Conclusion: Summarize the key points and reiterate the request for the court to quash the subpoena. Emphasize the need for justice and fairness in the proceedings. Different types of Guam Affidavits in Support of Motion to Quash Subpoena Ducks Cecum may exist, depending on the specific grounds presented. Some possible variations include: — Affidavit based on impracticality: This affidavit concentrates on proving that it is impossible or highly impractical for the party to fully comply with the subpoena due to logistical or other practical difficulties. — Affidavit based on privilege or protected information: This type of affidavit asserts that the subpoena seeks privileged information, which is protected under applicable laws or lawyer-client confidentiality. — Affidavit based on undue burden: Here, the focus is on demonstrating that the subpoena would place an intolerable burden on the party being subpoenaed, either due to the time, effort, or financial resources required for compliance. — Affidavit based on relevance or lack thereof: This affidavit contends that the requested information is irrelevant to the case at hand and, therefore, the subpoena should be quashed. Remember, it is crucial to consult with a legal professional while drafting an Affidavit in Support of Motion to Quash Subpoena Ducks Cecum to ensure accuracy and compliance with Guam's specific legal procedures and rules.

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The Compiler of Laws is responsible for officially publishing the Session Laws of the Guam Legislature, the Guam Code Annotated and updates thereto, the Guam Administrative Rules and Regulations, Supreme Court of Guam Opinions, Executive Orders and Attorney General Opinions.

These reasons may include any basis sufficient in law for holding the subpoena invalid, such as that the evidence is privileged, that the burden of appearance or production outweighs the relevance of the evidence sought, or other undue hardship.

Upon application of a party and pursuant to the Rules of Supreme Court of Virginia for the issuance of subpoenas, the clerk of the court shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents, or other tangible objects at ...

Notice of a motion to quash or modify a subpoena duces tecum must be served on the witness and the deposition officer at least five (5) days before the date set for production of the subpoenaed records.

In any criminal case a subpoena duces tecum may be issued by the attorney of record who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court.

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.

Subpoena duces tecum; attorney-issued subpoena duces tecum. A judge or clerk of a district court may issue a subpoena duces tecum pursuant to the terms of Rule A of the Rules of the Supreme Court of Virginia except that such subpoena may be directed to a party to the case as well as to a person who is not a party.

Service of Subpoenas Attorney-Issued Subpoenas. Clerk, State Corporation Commission Service. Secretary of the Commonwealth Service. Department of Motor Vehicles. Sheriff's Office Service. Service by Private Process Server. Foreign Subpoenas.

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The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct that books, papers, ... Aug 1, 2022 — When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as provided in Rule 59(c), opposing ...These grounds include, but are not limited to, the: (1) privilege against self incrimination, (2) free exercise of religion, (3) freedom of association, (4) ... Affidavit of attorney—In support of motion to quash grand jury subpoena duces tecum—Compliance by corporate witness unreasonable and oppressive ... 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 ... hearing officer issue a subpoena, in- cluding a subpoena duces tecum, requir- ing the attendance of the witness at a deposition. The hearing officer may. It has not been filed in court and does not contain an exhaustive list of arguments that could be presented in response to a subpoena seeking disclosure of a U ... issued in connection with a motion under this section shall be public unless ... subpoena was issued shall make reasonable compensation to the person to whom the ... The following papers must be filed by parties in an adjudication proceeding: The notice of charges, proof of service of the notice of charges, notices of ... by C Doyle · 2005 · Cited by 2 — motion to quash a subpoena only if the movant has first sought reasonable ... subpoenas duces tecum may be neither unreasonable or oppressive, ...

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