Louisiana Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

State:
Multi-State
Control #:
US-02676BG
Format:
Word; 
Rich Text
Instant download

Description

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.

An Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed in the state of Louisiana to challenge a subpoena requesting the production of documents or records. This type of motion is typically used when the party receiving the subpoena believes that it is burdensome, excessive, or unjust. In Louisiana, there may be different types of affidavits used to support a motion to quash subpoena duces tecum based on unreasonableness and oppressiveness. Some potential variations include: 1. Affidavit for Unreasonable Scope: This affidavit argues that the subpoena is over broad or seeks information or documents that are not relevant to the case. It will detail specific reasons why the subpoena is unreasonable in its scope and why it places an excessive burden on the responding party. 2. Affidavit for Privileged Information: In cases where the subpoena requests privileged or confidential information, this affidavit can be used. It asserts that the subpoena is oppressive because it would violate attorney-client privilege, doctor-patient confidentiality, trade secrets, or other legally recognized protections. 3. Affidavit for Unreasonable Production Timeframe: This type of affidavit is appropriate when the subpoena demands an unreasonably short deadline for producing the requested documents. It argues that the time frame specified in the subpoena makes compliance difficult or impossible, resulting in oppression for the responding party. 4. Affidavit for Financial Hardship: In situations where the cost of compliance with the subpoena is excessive, a financial hardship affidavit can be submitted. It outlines the financial burden that fulfilling the subpoena would impose on the responding party and asserts that it is disproportionate and oppressive. 5. Affidavit for Personal Privacy Concerns: If the subpoena seeks personal or sensitive information not directly relevant to the case, this affidavit may be filed. It presents arguments asserting that the subpoena unfairly invades the privacy of the responding party or others involved, making it oppressive and unreasonable. When preparing an Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive in Louisiana, it is crucial to provide detailed reasons and evidence supporting the claim. Each affidavit should be tailored to address the specific circumstances and grounds on which the unreasonableness and oppressiveness of the subpoena are being challenged. Working closely with legal counsel is advised to ensure the document's accuracy and adherence to Louisiana laws and court procedures.

Free preview
  • Preview Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive
  • Preview Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

How to fill out Louisiana Affidavit In Support Of Motion To Quash Subpoena Duces Tecum On The Grounds That Subpoena Is Unreasonable And Oppressive?

You can commit hours on the Internet looking for the lawful file format that suits the state and federal demands you want. US Legal Forms supplies a large number of lawful kinds which are analyzed by specialists. You can easily obtain or print the Louisiana Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive from your services.

If you currently have a US Legal Forms bank account, you are able to log in and click the Down load button. Following that, you are able to total, modify, print, or indication the Louisiana Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive . Every lawful file format you acquire is yours eternally. To have yet another version associated with a bought kind, proceed to the My Forms tab and click the related button.

If you work with the US Legal Forms website initially, keep to the straightforward directions beneath:

  • First, make certain you have selected the proper file format for your state/city of your liking. See the kind description to make sure you have picked out the proper kind. If available, make use of the Preview button to look with the file format too.
  • If you would like discover yet another variation of the kind, make use of the Lookup industry to discover the format that fits your needs and demands.
  • Upon having identified the format you need, simply click Buy now to move forward.
  • Choose the prices prepare you need, type in your credentials, and sign up for a free account on US Legal Forms.
  • Full the transaction. You should use your credit card or PayPal bank account to purchase the lawful kind.
  • Choose the structure of the file and obtain it to the system.
  • Make modifications to the file if needed. You can total, modify and indication and print Louisiana Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive .

Down load and print a large number of file web templates utilizing the US Legal Forms web site, that provides the biggest assortment of lawful kinds. Use skilled and express-specific web templates to deal with your small business or individual requires.

Form popularity

FAQ

If an individual misuses a subpoena, he or she shall be subject to punishment for contempt of court and shall be punished by a fine of not more than $300.00 or not more than 20 days' imprisonment, or both.

Undue Burden. Subpoena recipients often object on the ground that compliance with the subpoena is unduly burdensome and expensive. Rule 45(d)(1) requires parties issuing a subpoena to ?take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.? Fed.

No. Refusing a subpoena can result in you being held in contempt of court and the court may issue a warrant for your arrest.

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).

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.

If you don't go to court when you are supposed to, the judge can charge you with contempt of court and issue a warrant for your arrest. Ask the lawyer who subpoenaed you if you are eligible to apply for witness expense assistance.

Search warrants: court orders authorizing law enforcement personnel to search a defined area and seize the property described in the warrant. Search warrants require immediate attention. Subpoenas: court orders directing the testimony of an individual or the production of documents at a specified time and place.

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. ...

Interesting Questions

More info

A party or an attorney requesting the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or cost on a person subject ... 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.Jan 2, 2004 — 1 Contemporaneously with the preparation of this Motion, BCBSTX prepared a supporting affidavit to be signed by a BCBSTX employee with ... “Both Rules 45 and 26 authorize the court to modify a subpoena duces tecum when its scope exceeds the boundaries of permissible discovery or otherwise violates ... This form is available on Westlaw. Easily search more than 600,000 legal forms to find the exact form you need. Please visit our site to learn more and request ... Oct 24, 2014 — ... a hearing officer shall quash or modify a subpoena if compliance with the subpoena would be unreasonable, oppressive, or unduly burdensome. Dec 1, 2016 — Any affidavit supporting a motion must be served with the motion. Except ... If a subpoena duces tecum is to be served on the deponent, the ... PUB is concerned that cumulative misrepresentations by various parties about PUB's approach to discovery will create an unjustified impression before this ... Oct 4, 2019 — “The Court's first inquiry in ruling on a motion to quash a Rule ... Evaluating the subject subpoena duces tecum against these standards leads to ... disclose confidential information, the unit may file a motion to quash pursuant to this chapter, Tit. IV-D of the federal Social Security Act, or other ...

Trusted and secure by over 3 million people of the world’s leading companies

Louisiana Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive