Maryland Objection to and Motion to Quash Subpoena Duces Tecum
Description Motion To Quash Template
How to fill out Maryland Objection To And Motion To Quash Subpoena Duces Tecum?
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FAQ
You cannot "refuse to accept" a subpoena. The process server or officer who serves it on you generally will have complied with the law for service if he/she attempts to hand it to you, even if you refuse, let it drop, or slam the door in his/her...
Providing objections suspends your obligation to comply with the subpoena until or unless a court orders compliance, or you reach an agreement with the party that served you with the subpoena. If you do not wish to comply with the subpoena, you may file a motion to quash it before the date set forth on the subpoena.
3. Any non-party who has been served with a business records subpoena may bring a motion to quash. Note, however, that some case law holds that a non-party may simply serve written objections and is not required to bring a motion to quash. The discovery rules do not discriminate against nonparty deponents.
Subpoena has not been issued correctly according to the law (technical grounds); subpoena is an abuse of process or oppressive (general objections); and. requested documents cannot be disclosed because of special rules that apply to the evidence (privilege).
Under HIPAA, any subpoena duces tecum that is not accompanied by a court order must contain a written statement and accompanying documentation demonstrating that the requesting party made reasonable efforts to (1) notify the patient whose records are being requested, or (2) secure a qualified protective order.
A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that the issuance of some court document like a subpoena was not done in a legal manner. For example, a party that receives improper service of process may file a motion to quash.
If you want to object to any part of the subpoena, you may serve the other side with written objections, usually before the earlier of the date stated in the subpoena or 14 days after you receive the subpoena. If you do not provide objections before this deadline, you will waive the right to assert any objections.
A motion to quash, by itself, does not stop the deposition. You will have to get the hearing advanced to a date before the deposition date.
A motion to quash a subpoena duces tecum should be filed within ten (10) days after receiving the subpoena or before the time stated for compliance if that time is fewer than ten days.