Michigan Motion to Quash Discovery - Motion for Protective Order
What is this form?
A Motion to Quash Discovery or Motion for Protective Order is a legal document used to request that a court deny a party's request for certain discovery actions, which might be overly intrusive or harassing. This form allows the party to protect themselves from irrelevant or harmful inquiries during the discovery phase of litigation. Unlike standard motions, this specific form focuses on quashing subpoenas or discovery requests that are deemed inappropriate or excessive.
Main sections of this form
- Identification of the parties involved in the case.
- Case details, including court name, case number, and judge.
- Grounds for the motion, citing specific facts and relevant law.
- Formal request for the court to issue a protective order.
- Exhibits or supporting documents that substantiate the claims made in the motion.
State-specific requirements
This Motion to Quash Discovery is designed for use in Michigan, following specific state court rules such as MCR 2.302(C). Ensure compliance with local laws and court procedures when submitting the motion.
Common use cases
This form is applicable in situations where a party seeks to prevent the disclosure of certain information requested during discovery. You may need to use this motion if you believe that a deposition or request for documents is irrelevant to the case, overly intrusive, or intended to harass you or other witnesses. For example, if opposing counsel is trying to obtain personal employment records unrelated to the case, this motion would be necessary to protect your rights.
Who this form is for
- Defendants in civil litigation facing inappropriate discovery requests.
- Attorneys representing clients who wish to protect their interests in a legal proceeding.
- Individuals who believe discovery efforts are being used as tactics for harassment.
How to prepare this document
- Fill in the court details, including the name of the circuit court and county.
- Provide the names of the plaintiff and defendant, as well as the case number.
- State the specific grounds for your motion, detailing why the discovery request is unreasonable.
- Attach any relevant exhibits that support your claims, such as emails or documentation.
- Sign and date the motion, indicating your representation of the defendant.
Is notarization required?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Typical mistakes to avoid
- Failing to state specific grounds for the motion clearly.
- Not including necessary exhibits or supporting documentation.
- Missing signatures or incorrect dates on the motion.
- Using vague language that does not adequately explain the reasons for the request.
Why complete this form online
- Immediate access to a professionally drafted motion tailored to your needs.
- Conveniently fill out the form from anywhere without the need for appointments.
- Edit and customize the form easily to ensure it fits your specific situation.
- Reliable legal language that helps improve the chances of acceptance by the court.
Legal use & context
- The motion must be based on valid legal reasoning to be considered by the court.
- It is essential to follow court rules regarding the timing and manner of filing this motion.
- Successfully quashing a discovery request can protect sensitive personal information.
Key takeaways
- A Motion to Quash Discovery protects parties from unreasonable discovery demands.
- This form must be tailored to reflect the specifics of your situation.
- Filing must comply with local court rules for the best chances of success.
Form popularity
FAQ
Rule 2.313 in Michigan addresses the discovery process, specifically the obligations of parties regarding the production of documents and information. It lays out the conditions under which a party may seek to compel discovery or respond to requests. If you encounter issues with discovery, a Michigan Motion to Quash Discovery - Motion for Protective Order can be a vital tool to protect your rights and interests.
Rule 2.119 in Michigan governs the procedures for motions in civil cases. It outlines how parties can make requests for court orders, including guidelines for timing and required notices. If you find yourself needing to file a Michigan Motion to Quash Discovery - Motion for Protective Order, this rule provides a framework to ensure your motion is handled appropriately.
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.