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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The Uniform Interstate Depositions and Discovery Act (the Act) has been adopted as Rule 45(j) of the Idaho Rules of Civil Procedure to enable an attorney prosecuting or defending a lawsuit outside the jurisdiction of Idaho to conduct discovery within Idaho.
The party serving the subpoena must: (A) serve a copy of the subpoena on the opposing party at least 7 days prior to service on the nonparty, unless otherwise specified by the court; (B) pay the reasonable cost of producing or copying the documents, electronically stored information, or tangible things; and (C) on ...
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.
You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. If you fail to appear, you may be in contempt of court.
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.
A party that moves to quash a subpoena must serve the motion on the other party at the time the motion is filed with SOAH. (b) A party may seek an order from the judge at any time after the motion to quash or motion for protective order has been filed.
An SDT may be served via certified mail, personal service, or in some cases, by email. The party served with the subpoena duces tecum must then appear in court on the date and time specified with the requested information and turn it over directly to the presiding judge.
The Florida Supreme Court amended the state's rule of civil procedure to extend the period to object to a subpoena to 45 days when a notice of nonparty production is served simultaneously with a complaint.
