This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Maryland 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
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.
(e) Service. If a subpoena is to permit entry upon leased land or property, the subpoena shall be served on any record owner of the land or property and any occupant or person in possession or control of the land or property.
Subpoena is a command in the form of written process requiring a witness to come to court to testify. Subpoena ad Testificandum: A summons to appear somewhere and give testimony. Subpoena Duces Tecum: A summons to appear somewhere and to bring something (take something) with you and to possibly give testimony too.
IF YOU HAVE ANY OBJECTION TO THE PRODUCTION OF THESE DOCUMENTS, YOU MUST FILE A MOTION FOR A PROTECTIVE ORDER OR A MOTION TO QUASH THE SUBPOENA ISSUED FOR THESE DOCUMENTS UNDER MARYLAND RULES 2-403, 2-510, OR 4-266 NO LATER THAN THIRTY (30) DAYS FROM THE DATE THIS NOTICE IS MAILED.
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. ...
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.
Subpoena Duces Tecum Details Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.