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.
The Kansas Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document used in Kansas courts to challenge a subpoena duces tecum (a subpoena that demands the production of documents or evidence) by arguing that it is unjust, burdensome, or unfair. Under Kansas law, parties who receive a subpoena duces tecum are entitled to file a motion to quash if they believe that the subpoena is unreasonable and oppressive. The purpose of this affidavit is to provide detailed evidence and arguments supporting the motion to quash the subpoena. In this affidavit, the person filing the motion (the moving) must provide specific facts and reasoning demonstrating why the subpoena is unreasonable and oppressive. They may argue that the subpoena demands an excessive amount of documents, is overly broad, irrelevant to the case, or poses an undue burden on the moving. The affidavit should also outline the potential harm or prejudice that could result from complying with the subpoena. Different types of Kansas Affidavits in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive may include: 1. Affidavit of Unreasonable Burden: This type of affidavit focuses on demonstrating that the burden of complying with the subpoena is excessive, such as requiring the production of numerous documents that are not relevant to the case or demanding a significant amount of time, effort, or resources. 2. Affidavit of Irrelevance: This type of affidavit argues that the documents requested by the subpoena are not relevant to the issues at hand in the case, and their production would serve no purpose other than harassment or inconvenience. 3. Affidavit of Privacy: If the moving believes that the subpoena infringes on their privacy rights or seeks confidential or sensitive information, they can file an affidavit highlighting these concerns and asserting the need to protect their privacy. Overall, the Kansas Affidavit in Support of Motion to Quash Subpoena Ducks Cecum plays a vital role in challenging unjust or oppressive subpoenas. It helps ensure that parties are protected from undue burden, unfair requests, or infringement on their rights while promoting the fair administration of justice in Kansas courts.
