This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Kentucky Motion to Quash Deposition Subpoena Duces Tecum
Category:
State:
Multi-State
Control #:
US-PI-0042
Format:
Word;
Rich Text
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How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
Choosing to try and avoid a subpoena is not an easy process. The person will need to hire an attorney, pay attorney fees in most cases, and will need to prepare a motion. If the motion fails, or if there are other reasons that a party may need the person to testify, they may not be excused.
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. ...
Object to the subpoena when appropriate. You may not have to provide all requested documents and/or you may not have to testify. Your attorney can help you understand your obligations and may be able to narrow the scope of the subpoena by negotiating with the party that issued the subpoena.
A person to whom a subpoena is directed may, prior to the time specified therein for compliance, but no later than five (5) days after the date of receipt of the subpoena, move the registry to quash or modify the subpoena, accompanying the motion with a brief statement of the reasons therefore.
A person to whom a subpoena is directed may, prior to the time specified therein for compliance, but no later than five (5) days after the date of receipt of the subpoena, move the registry to quash or modify the subpoena, accompanying the motion with a brief statement of the reasons therefore.
A subpoena is a legal document that ?orders? someone to appear either at a court, or in this case, a deposition. A deposition is essentially an interview between the opposing side's lawyer and yourself. Effectively reading the deposition subpoena is the first step in preparing for your deposition.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the ?discovery process? before trial and may not be used in an actual court hearing.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
4 Valid Reasons to Get Out of a Subpoena Avoidance. If you live within the court's area, somebody will eventually serve you a copy of the subpoena in person. ... Objection. If you are subpoenaed to provide documents or other materials, you may object in writing to the subpoena. ... Undue Burden. ... Privileged Information.