Indiana Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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US-02675BG
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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.

Indiana Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal maneuver that allows a party to challenge the validity and enforceability of a subpoena. This motion is filed when the requesting party's subpoena is considered unduly burdensome, oppressive, or unreasonable. In Indiana, there are different types of motions to quash a subpoena duces tecum on the grounds that it is unreasonable and oppressive. These motions are typically filed in civil litigation or criminal cases, and they aim to protect the rights and interests of the party being subpoenaed. Some common types of such motions are: 1. Motion to Quash Subpoena Ducks Cecum: This is a general motion to challenge the validity of the subpoena and request the court to quash it. It argues that the subpoena is unreasonable and oppressive due to factors such as burdensome production requirements, violation of privacy rights, or lack of relevance to the case at hand. 2. Motion to Quash Subpoena Ducks Cecum for Over broad Requests: This motion is filed when the requesting party's subpoena seeks to obtain an excessively broad range of documents or information that goes beyond what is necessary for the case. The motion claims that the scope of the subpoena is unreasonable and oppressive, as it unfairly imposes an excessive burden on the responding party. 3. Motion to Quash Subpoena Ducks Cecum for Lack of Particularity: This motion argues that the subpoena fails to specify the documents or information sought with sufficient clarity and specificity. It asserts that the lack of particularity makes it difficult for the responding party to identify and produce the requested materials, rendering the subpoena unreasonable and oppressive. 4. Motion to Quash Subpoena Ducks Cecum for Privilege: This motion is used when the responding party possesses materials that are protected by privilege, such as attorney-client privilege or doctor-patient privilege. The motion asserts that the requested materials are shielded from disclosure and production due to legal protections, making the subpoena unreasonable and oppressive. 5. Motion to Quash Subpoena Ducks Cecum for Lack of Relevance: This motion argues that the requested documents or information lack relevance to the case at hand. It claims that the subpoena's demands are unreasonable and oppressive because they seek documents that do not pertain to the issues in dispute, resulting in unnecessary burden and expense for the responding party. In conclusion, a motion to quash a subpoena duces tecum on the grounds that it is unreasonable and oppressive is an important legal tool in Indiana. It allows parties to contest subpoenas that are burdensome, over broad, lacking particularity, seeking privileged materials, or irrelevant. By utilizing these motions, parties can protect their rights and ensure fairness in legal proceedings.

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FAQ

If a witness fails to appear and disregards the court's order to appear, the court has various options, one of them being that the witness can be held in contempt of court. That means the judge can issue an arrest warrant and have the individual arrested and thrown in jail and otherwise compelled to come to court.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

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.

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 subpoena may also command the person to whom it is directed to produce the books, papers, documents, 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) quash or modify the subpoena if it is ...

(b) A target who is subpoenaed may move to quash a subpoena based upon his privilege against self-incrimination. The court shall grant the motion, unless the prosecuting attorney makes a written request that the target be granted use immunity in ance with section 8 of this chapter.

The burden of proof rests on the subpoenaing party to make a "clear and convincing showing" that the privilege does not apply.

A valid subpoena should include the following: The name of the court issuing the subpoena. The name, address, and contact details of the attorney who initiated the subpoena. The names of the parties involved.

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(3) quash a Grand-Jury subpoena on the ground of privilege against self-incrimination on the motion of a Grand Jury Target Witness. Rule 2.1. Appearance. (A) ... Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court ...Jan 1, 2024 — (1) quash or modify the subpoena if it is unreasonable and oppressive; (2) condition denial of the motion upon the advancement by the person in ... R. Crim. P. 17(c) allows the court in a criminal proceeding to quash a subpoena duces tecum that it determines to be unreasonable or oppressive. When the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if the person subject to ... Consequently, a bank should generally file a motion to quash the subpoena on the grounds that it requires the bank to violate federal legislation or ask the ... On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive. (3) Subpoena for Personal or Confidential ... Rule 17(e) only allows a subpoena to be quashed if it violates a constitutional, statutory, or common law privilege or if it is unreasonable or oppressive. Counsel agree that a grand jury's subpoena duces tecum must (a) seek items relevant to the investigation, (b) seek items that are identified with reasonable ... Feb 10, 2022 — If an objection or motion to quash is made, the party issuing the subpoena must get a court order to compel the person's compliance. Failure to ...

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Indiana Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive