Kansas 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.

Kansas Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document that aims to challenge a subpoena requiring the production of documents or other tangible items that is deemed to be excessive, burdensome, or unjust. This motion asserts that the subpoena goes against the principles of fairness, reasonableness, and due process, as outlined by the laws of the state of Kansas. There are several types of Kansas Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive that can be filed depending on the specific circumstances of the case: 1. Generally Oppressive Subpoena: This type of motion is filed when the party believes that the subpoena is excessively burdensome, invasive, or harassing. The demanding party may have requested an extensive amount of documentation or conducted broad discovery, causing undue hardship for the recipient. 2. Overly Confidential Information Request: This motion addresses situations where the subpoena seeks to access highly sensitive or confidential information that should be protected. It argues that the disclosure of such information may cause harm, violate privacy rights, or jeopardize a party's competitive advantage. 3. Unreasonable Scope of Documents: This type of motion challenges the breadth or specificity of the subpoena. It argues that the requested documents are not reasonably related to the subject of the case or are overly broad, making compliance unduly burdensome. 4. Improper Timing of Subpoena: This motion is filed when the subpoena is issued at an inappropriate stage of litigation. It asserts that the demanding party should have sought the documents through alternative means or at a more relevant moment within the legal proceedings. In a Kansas Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, the moving (the party filing the motion) must provide a detailed memorandum explaining the reasons why the subpoena should be quashed. This memorandum should specify the reasons for deeming the subpoena unreasonable, oppressive, or otherwise improper under Kansas law. It is important to note that every case is unique, and the specific grounds and arguments for a Motion to Quash Subpoena Ducks Cecum may vary depending on the circumstances. Therefore, it is crucial to consult with an attorney experienced in Kansas law to ensure the most appropriate and effective motion is filed.

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FAQ

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).

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.

If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.

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 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 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. ...

Common grounds for filing a motion to quash are that the individual is outside the subpoena range, or that the items to be produced are unavailable within the specified time or at the specified location. Other common grounds for filing a motion to quash include undue burden and expense.

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.

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(2) Quashing or Modifying the Subpoena. On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive. ( ... On timely motion, the issuing court must quash or modify a subpoena that: ... Whether court erred by quashing most of subpoena duces tecum as unreasonable and ...Feb 10, 2022 — Motions to Modify or Quash a Subpoena Duces Tecum. A person commanded ... subpoena was oppressive and unreasonable"). North Carolina's ... A motion to quash a subpoena duces tecum should be filed within ten (10) ... a motion to quash or modify a subpoena contended to be unreasonable or oppressive. 17(c) allows the court in a criminal proceeding to quash a subpoena duces tecum that it determines to be unreasonable or oppressive. Where information ... Nov 13, 2020 — (“Wesley”) Motion to Modify and Quash Defendants' Deposition Subpoena Duces Tecum. (ECF 101.) Wesley asks the court to quash or modify ... Longman to Quash Subpoenas Duces Tecum Served by Defendant. (Doc. 135) and ... A motion to quash a subpoena under. Fed. R. Cr. P. 17(c) is not one of the ... ... a subpoena duces tecum to John T. Siffert, of ... Defendant argues that objection to the issuance of the subpoena is, in effect, a motion to quash the subpoena. ... quash or modify the subpoena if compliance would be unreasonable or oppressive. ... Motion to Quash Subpoenas Duces Tecum Served on Witness Holdcraft (Docs. 30 ... 2d 953. (1988), the Supreme Court of Kansas held that the denial of a motion to quash a subpoena duces tecum for a witness' medical and tax *43 records was im-.

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