A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Quash Discovery/Motion for Protective Order, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MI-00033
Michigan Motion to Quash Discovery - Motion for Protective Order
Category:
State:
Michigan
Control #:
MI-00033
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
A Motion to Quash Discovery, also referred to as a Motion for Protective Order, is a legal request filed by a defendant in response to a discovery request made by the opposing party. This motion seeks to limit or prohibit the disclosure of certain information that may be deemed irrelevant or overly burdensome. The purpose of this motion is to protect the defendant from undue harassment or embarrassment during legal proceedings.
Who should use this form
This form is designed for defendants in legal cases who have received discovery requests that they believe are inappropriate or excessively invasive. It is particularly useful for individuals who feel that the requests may lead to embarrassment or harm to their reputation, especially in sensitive matters such as employment or personal conduct issues. If you are involved in a case where the opposing party is seeking information that you believe is irrelevant, this form may be essential for your defense.
Legal use and context
The Motion to Quash Discovery is used in various legal contexts, particularly in civil litigation, where one party requests to limit the scope of evidence that can be gathered by the other party. Under the Michigan Court Rules (MCR), specifically MCR 2.302(C), parties are entitled to seek protection from discovery methods that may be harassing, burdensome, or irrelevant. Knowing when and how to file a motion is crucial for protecting one’s legal rights.
Key components of the form
When completing the Motion to Quash Discovery, it is essential to include the following key components:
- Caption: Include the court name, case number, and the parties involved.
- Defendant's arguments: Clearly outline the reasons for requesting the motion, including how the requested discovery may be irrelevant or harassing.
- Exhibits: Attach any relevant documentation that supports your motion, such as emails or prior correspondence.
- Relief sought: Clearly specify what you are asking the court to do, typically to deny the discovery request.
Ensuring that all required components are present can improve the chances of your motion being granted.
Common mistakes to avoid when using this form
When completing a Motion to Quash Discovery, users should be mindful of several common mistakes:
- Inadequate justification: Failing to provide sufficient reasons for the motion can lead to dismissal.
- Missing documentation: Not including necessary exhibits or supporting documents can weaken your argument.
- Poor formatting: Not following the required court formatting can result in delays or rejection of the motion.
Taking time to review and ensure the form is complete and accurate is crucial.
What to expect during notarization or witnessing
While notarization may not be strictly required for a Motion to Quash Discovery in Michigan, having the document notarized can add credibility. If notarization is needed, you can expect the following:
- Identification: You will need to present valid identification to the notary.
- Signature: You will sign the document in the presence of the notary.
- Official stamp: The notary will apply their seal to affirm the authenticity of your signature.
Witnessing requirements vary by case but can sometimes be important. Check local court rules to ensure compliance.
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FAQ
To ask for a PPO, you must file a petition with the court. You can use the Do-It-Yourself Personal Protection Order (PPO) tool to create a petition for any of the three types of PPOs. The petition is used to give the judge important information they need to decide whether to give you the order you want.
You can file a motion to ask the judge to change the terms of the PPO or terminate (end) the PPO before it expires. You can use our Do-It-Yourself Motion to Modify, Extend, or Terminate a Personal Protection Order (PPO) tool to do this.
There is no fee to file a petition for a personal protection order. However, it may cost you money to have papers served on the other party.
Be punctual. Make sure your witnesses are present and prepared. Ensure your evidence is ready. If witnesses or documents that have been subpoenaed and are not in the court, let the judge know. Dress in a manner similar to that as you would for a job interview.
PPOs generally stay in place for one year, and sometimes longer. If a Respondent contacts a Petitioner in violation of the PPO, he/she will usually face a Contempt of Court charge, at which time the Judge will likely impose jail.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order.If the court schedules a hearing and grants the motion, the protection order will become immediately void and unenforceable.
When issued, Michigan protective orders last usually about six months. Prior to the expiration of the PPO, about 28 days before, a person needs to file a motion with the court to have it extended.
You can use the Do-It-Yourself Personal Protection Order (PPO) tool to prepare your petition. File the petition at the circuit court in any Michigan county. If the abuser is a minor, file it in either the county where you live or the county where the abuser lives.
Personal service by a professional process server. Personal service by a friend or relative. Personal service by a sheriff or police department. Service by registered or certified mail with return receipt requested. Alternate service (only if allowed by the court)