Illinois Motion to Quash Deposition Subpoena Duces Tecum

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US-PI-0042
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This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
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FAQ

By this amendment, Rule 23 creates a presumption against disposing of Appellate Court cases by full, published opinions and authorizes a third type of disposition by summary order in select circumstances. The concept of the traditional "Rule 23 order" remains, but conciseness is encouraged.

Rule 237 - Compelling Appearances of Witnesses at Trial (a)Service of Subpoenas. Any witness shall respond to any lawful subpoena of which he or she has actual knowledge, if payment of the fee and mileage has been tendered.

R. 234. The court shall conduct the voir dire examination of prospective jurors by putting to them questions it thinks appropriate touching upon their qualifications to serve as jurors in the case on trial.

Rule 367 - Rehearing in Reviewing Court (a)Time; Length. A petition for rehearing may be filed within 21 days after the filing of the judgment, unless on motion the time is shortened or enlarged by the court or a judge thereof.

273. Unless the order of dismissal or a statute of this State otherwise specifies, an involuntary dismissal of an action, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join an indispensable party, operates as an adjudication upon the merits.

A subpoena requiring the production of documents is generally referred to as a subpoena duces tecum. It is usually issued at the request of a party in a court or administrative proceeding.

A motion to quash a subpoena will be granted ?for good cause shown,? including, without limitation, ?a showing that the subpoena is unreasonable or oppressive or relates to irrelevant or immaterial matters.? 83 Ill.

In order to stop a third party from complying with a subpoena's request, a motion to quash must be filed.

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Illinois Motion to Quash Deposition Subpoena Duces Tecum