Maryland Motion for Protective Order, Motion to Quash And Objection to Notice of Deposition Duces Tecum
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How to fill out Motion For Protective Order, Motion To Quash And Objection To Notice Of Deposition Duces Tecum?
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FAQ
In law, a motion to quash is a formal request made to a court to declare a specific proceeding, such as a subpoena, an arrest warrant, or a legal complaint, as invalid or void. The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question.
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.
Plaintiff John Doe, by and through his undersigned counsel, requests this Honorable Court quash the subpoena served on ABC Investigative Solutions, LLC (ABC) because: The subpoena directs the Custodian of Records for ABC to produce the requested documents in two different locations: Washington and Lincoln, 2 N.
A motion to quash is timely if made before the date specified in the subpoena for compliance. In considering a motion to quash, the trial court may hold a hearing and, as necessary, entertain any relevant testimony.
The subpoenaed information could be sensitive, embarrassing, or bad for business. Naturally, many subpoenaed people and companies argue in court that they shouldn't have to comply with the subpoena. This process is known as ?quashing? a subpoena.
Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests.
To that end, Rule 4-266 permits a party for good cause shown to move to quash a subpoena when justice requires protecting the requires protecting the person subpoenaed from from "annoyance, embarrassment, oppression, or undue burden or expense." Rule 4-266(c).
Contrast with Motion to Quash Because timely serving written objections suspends a non-party's obligation to comply with a document subpoena pending a court order, the recipient of a document subpoena does not need to formally move to quash the subpoena.