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

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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.

The Massachusetts Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document that allows individuals or parties involved in a legal case to challenge a subpoena requesting the production of documents or tangible things. This affidavit serves as a formal statement outlining the reasons why the subpoena should be quashed, primarily on the grounds that it is unreasonable and oppressive. When filing this affidavit, it is crucial to provide detailed and specific reasons to support the motion to quash the subpoena. This may include arguments such as the requested documents being irrelevant to the case, the burden of producing the documents being undue, or potentially infringing on the rights of the individual or party. Different types of Massachusetts Affidavits in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive may include: 1. Affidavit supporting the motion to quash based on irrelevance: This type of affidavit focuses on demonstrating that the requested documents are not significant to the case and would not contribute to the legal proceedings. 2. Affidavit supporting the motion to quash based on burden of production: In this scenario, the affidavit highlights the excessive burden placed on the individual or party to produce the requested documents. This may be due to the volume of documents, the complexity of the production process, or the resources required for compliance. 3. Affidavit supporting the motion to quash based on violation of rights: This type of affidavit argues that complying with the subpoena would infringe on the rights of the individual or party, such as the right to privacy or attorney-client privilege. It may provide evidence of how the requested documents contain sensitive or confidential information. 4. Affidavit supporting the motion to quash based on alternative means of obtaining information: This particular affidavit suggests that there are alternative methods or sources available to obtain the required information without burdening the individual or party with the subpoena. It may propose more efficient or less intrusive ways to obtain the documents. By carefully crafting a Massachusetts Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, individuals or parties can effectively make their case before the court and seek the dismissal of an unjust or burdensome subpoena. However, it is essential to consult with a legal professional to ensure compliance with all applicable laws and regulations specific to the jurisdiction of Massachusetts.

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

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FAQ

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. See California Code of Civil Procedure Section 1985.

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. ...

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.

(d) Subpoena for taking deposition; place of examination A deposition subpoena upon a party which commands the production of documents or things must give the party deponent at least thirty days for compliance after service thereof.

The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question. When a motion to quash is filed, the court will review the arguments and evidence presented by the party filing the motion, as well as any opposing arguments.

One method of responding to a subpoena is to file what is known as a ?Motion to Quash.? A ?motion? is a written document directed to the judge in the case asking the judge to take some action for the reasons stated in the motion. ?Quash? is a legal term meaning to terminate, reject or void.

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.

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).

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Apr 1, 2015 — By motion made promptly, the producent can have the court modify or quash the subpoena if it is unreasonable and oppressive, or require the ... A subpoena must state the court's name and the title of the proceeding, include the seal of the court, and command the witness to attend and testify at the time ...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. A subpoena recipient must preserve responsive documents and information regardless of whether it believes that the subpoena is objectionable. If the recipient ... Jan 2, 2004 — 1 Contemporaneously with the preparation of this Motion, BCBSTX prepared a supporting affidavit to be signed by a BCBSTX employee with ... In denying the motion to quash, the trial court ordered the parents to permit a defense expert to search their home computer and retrieve emails written by B.G.. In a case involving extraordinary production expenses, if a judge orders payment, defense counsel for an indigent defendant may request the court to authorize ... The petitioner, Local 627, Provision Salesmen and Distributors Union, A.F.L.C.I.O., has moved to quash or modify a subpoena duces tecum addressed to it by a ... A resident of this State subpoenaed for the taking of a deposition may be required to attend an examination only at a reasonably convenient time and only. (A) ... ... Subpoena is unreasonable, oppressive, and without merit. IT IS ORDERED that the Subpoena Duces Tecum dated February 28, 2017 and served on L. Londell ...

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