Kansas Motion to Quash Deposition Subpoena Duces Tecum

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Multi-State
Control #:
US-PI-0042
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Word; 
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Description

This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.

A Kansas Motion to Quash Deposition Subpoena Ducks Cecum is a legal document used to challenge or invalidate a subpoena that requests the production of specific documents or records during a deposition. This motion allows the recipient of the subpoena to object to the request and request the court to deny or modify the subpoena. Kansas law provides several grounds on which a Motion to Quash Deposition Subpoena Ducks Cecum can be filed. Some common reasons include: 1. Privilege: The person or entity receiving the subpoena can argue that the requested documents are protected by attorney-client privilege, doctor-patient privilege, trade secrets privilege, or any other legally recognized privilege. 2. Over broad or burdensome request: If the subpoena demands a vast amount of irrelevant or unnecessary documents, the recipient can argue that it is unduly burdensome and disproportionate to the needs of the case. 3. Irrelevance: The subpoenaed documents may have no relevance to the issues being litigated in the case. In such instances, the recipient can seek to have the subpoena quashed. 4. Improper service: The subpoena may not have been properly served, or it may fail to meet the technical requirements outlined by Kansas law. This can be another valid reason to file a Motion to Quash. Kansas does not have specific types or categories of Motion to Quash Deposition Subpoena Ducks Cecum. However, the motion can be tailored depending on the specific grounds for objection mentioned above. For instance, a motion based on privilege claims will focus on the privileged nature of the requested documents and present legal arguments to support its invocation. Similarly, a motion challenging the over broad nature of the subpoena will argue for narrow scope or complete withdrawal of the request. In conclusion, a Kansas Motion to Quash Deposition Subpoena Ducks Cecum is a vital legal tool to challenge a subpoena that seeks the production of documents during a deposition. By filing this motion, the recipient can object on various grounds such as privilege, over breadth, irrelevance, or improper service, seeking to have the subpoena either denied or modified.

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FAQ

Filing a motion to quash automatically excuses the custodian and deposition officer from producing the subpoenaed records until the court orders their production or the parties stipulate thereto.

If the time for compliance with a subpoena duces tecum issued by an attorney is less than 14 days after service of the subpoena, the person to whom it is directed may serve upon the party issuing the subpoena a written objection setting forth any grounds upon which such production, inspection or testing should not be ...

A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.

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.

Any person to whom a subpoena is directed, or any party, may file a motion to quash or limit the subpoena. The motion must be filed with the judge, and it must include the reasons why compliance with the subpoena should not be required or the reasons why the subpoena's scope should be limited.

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A subpoena commanding attendance at a deposition must state the method for recording the testimony. (C) Combining or separating a command to produce or to ... On timely motion, the issuing court must quash or modify a subpoena that: ... Whether court erred by quashing most of subpoena duces tecum as ...60-245: SUBPOENA TO TESTIFY AT A DEPOSITION (WITH OR WITHOUT DOCUMENTS) ... Case Filing Cover Sheets · Child Support & Parenting Time · Responding to DCF ... (hereinafter “Doonan Truck”) filed the present motion to quash the subpoena duces tecum issued on October 13, 2006 by plaintiff to Kansas City. Peterbilt ... A motion to quash a subpoena duces tecum in a grand jury proceeding must include a statement of facts and grounds in support of the objection to the subpoena. As used in this section, filing a petition with the court includes receipt by the court of a petition by electronic means complying with supreme court rules. 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 ... May 2, 2022 — subpoena. Generally, a “motion to quash or modify a subpoena duces tecum may only be made by the party to whom the subpoena is directed.”4 ... 5. As Staff shall make clear in the following paragraphs of this Motion, the. Commission should quash the aforedescribed Subpoenas Duces Tecum and the. 60-230(d) shall stay the discovery at which the motion is directed pending order of the court. The filing of a motion to quash or modify a deposition subpoena ...

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Kansas Motion to Quash Deposition Subpoena Duces Tecum