A Hawaii Motion to Quash Deposition Subpoena Ducks Cecum is a legal document filed by a party to request the court to cancel or invalidate a deposition subpoena that requires the production of specific documents or evidence. This motion is commonly used in legal proceedings in the state of Hawaii, where a party wishes to challenge the validity or scope of a subpoena duces tecum. Keywords: Hawaii, Motion to Quash, Deposition Subpoena, Ducks Cecum, legal document, cancel, invalidate, production, specific documents, evidence, legal proceedings, challenge, validity, scope, subpoena duces tecum. There are several types of Hawaii Motion to Quash Deposition Subpoena Ducks Cecum, including: 1. Protective Order Motion: This type of motion is filed when a party believes that the requested documents are confidential or privileged and should not be revealed during the deposition. The party seeks to protect sensitive information from disclosure. 2. Over broad or Burdensome Motion: When a subpoena requires the production of an excessive number of documents or imposes an unreasonable burden on the subpoenaed party, they may file a motion to quash on these grounds. 3. Lack of Relevance Motion: This motion is filed when the party being subpoenaed believes that the requested documents are irrelevant to the case or the issues being addressed during the deposition. The party argues that the subpoenaed documents do not have any bearing on the matter at hand. 4. Improper Service Motion: If a subpoena is not properly served according to the rules of civil procedure, the recipient can file a motion to quash based on improper service. This motion challenges the validity of the subpoena due to procedural errors in its delivery. 5. Violation of Privacy Motion: In cases where the subpoena duces tecum requests personal or confidential information that infringes on an individual's privacy rights, a motion to quash can be filed on grounds of privacy violation. 6. Unreasonable Timeframe Motion: If the subpoena requires the production of documents within an unreasonably short period, making it impractical for the recipient to comply, a motion to quash can be filed seeking an extension or adjustment of the timeframe. In conclusion, a Hawaii Motion to Quash Deposition Subpoena Ducks Cecum is a legal tool used to challenge the validity, scope, or burden imposed by a subpoena requesting the production of documents or evidence during a deposition. Different types of such motions are filed based on factors such as confidentiality, relevance, burden, service, privacy rights, and timeframe.
Hawaii Motion to Quash Deposition Subpoena Duces Tecum
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A subpoena may also command the person to whom it is directed to produce the books, papers, documents, electronically stored information, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) ...
Time to Object Under FRCP 45(d)(2)(B) Absent an agreement or court order stating otherwise, a subpoena recipient must serve any written objections on the party or attorney designated in the subpoena before the earlier of: The subpoena's return date (which issuing counsel sets). 14 days after the subpoena is served.
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.
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.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
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. ...
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.
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. ...