Michigan Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

State:
Multi-State
Control #:
US-02676BG
Format:
Word; 
Rich Text
Instant download

Description

A motion to quash asks the judge for an order setting aside or nullifying an action, such as "quashing" service of a summons.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The Michigan Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document that serves as a means for parties involved in a case to challenge the validity and enforcement of a subpoena duces tecum that they believe to be unjust or burdensome. This affidavit is a vital tool used by individuals or organizations who seek to protect their rights and privacy during legal proceedings in Michigan. When drafting an affidavit of this nature, it is crucial to include certain crucial details. These include: 1. Heading: Begin by titling the affidavit with a clear and concise heading, signaling that it is an Affidavit in Support of a Motion to Quash a Subpoena Ducks Cecum. 2. Introduction: Provide an introduction that states the purpose of the affidavit, i.e., to challenge the issuance and enforcement of a subpoena duces tecum based on the grounds that it is unreasonable and oppressive. 3. Affine Information: Include the personal information of the affine, who is the person making the affidavit. This typically comprises their full name, address, contact information, and their role in the case if applicable (e.g., defendant, witness, or third party). 4. Case Information: Specify the case or matter in which the subpoena was issued, including the case title, docket number, and the court in which it was filed. This information ensures that the affidavit is linked to the proper legal proceedings. 5. Subpoena Details: Outline the details of the subpoena duces tecum being challenged, such as its issuance date, the party requesting the documents, the documents sought, and any associated deadlines for compliance. 6. Grounds for Challenging: Clearly articulate the grounds upon which the affine believes the subpoena is unreasonable and oppressive. This may include arguments that the subpoena is overly broad, unduly burdensome, seeks confidential or privileged information, or does not meet the requirements of relevance and materiality. 7. Supporting Facts and Statements: Present a detailed narrative of the specific facts and circumstances supporting the assertion that the subpoena is unreasonable and oppressive. Include any relevant legal authorities, case precedents, or statutes that justify the challenge. 8. Conclusion and Relief Sought: Conclude the affidavit by summarizing the key points and relief sought, such as the request for the court to grant the motion to quash the subpoena duces tecum and any additional appropriate remedies. While the specific format may vary, the keywords that are relevant to this type of Michigan affidavit include: Michigan, affidavit, motion to quash, subpoena duces tecum, unreasonable, oppressive, grounds, challenge, legal proceedings, privacy, rights, burden, relevance, materiality, and court. Different types of this affidavit may exist depending on the particularities of the case or the arguments made in challenging the subpoena.

Free preview
  • Preview Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive
  • Preview Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

How to fill out Michigan Affidavit In Support Of Motion To Quash Subpoena Duces Tecum On The Grounds That Subpoena Is Unreasonable And Oppressive?

Choosing the right lawful papers format can be quite a struggle. Needless to say, there are a lot of layouts available on the net, but how will you find the lawful develop you need? Utilize the US Legal Forms internet site. The service delivers a huge number of layouts, for example the Michigan Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive , which can be used for business and private demands. Each of the types are checked by pros and meet up with federal and state demands.

When you are already authorized, log in for your profile and click the Down load button to have the Michigan Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive . Utilize your profile to appear from the lawful types you have bought formerly. Check out the My Forms tab of your own profile and get another version of the papers you need.

When you are a whole new customer of US Legal Forms, allow me to share straightforward directions that you should adhere to:

  • Initially, be sure you have selected the appropriate develop for your personal city/region. You may examine the shape utilizing the Preview button and read the shape information to make certain this is basically the best for you.
  • In case the develop is not going to meet up with your requirements, make use of the Seach discipline to get the correct develop.
  • Once you are certain that the shape is proper, click the Purchase now button to have the develop.
  • Choose the pricing program you would like and type in the required details. Create your profile and pay money for an order with your PayPal profile or bank card.
  • Pick the file file format and down load the lawful papers format for your product.
  • Total, edit and print out and sign the attained Michigan Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive .

US Legal Forms is the greatest collection of lawful types in which you can find various papers layouts. Utilize the service to down load professionally-created files that adhere to condition demands.

Form popularity

FAQ

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. ...

Undue Burden. Subpoena recipients often object on the ground that compliance with the subpoena is unduly burdensome and expensive. Rule 45(d)(1) requires parties issuing a subpoena to ?take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.? Fed.

Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests.

On written request, the agency shall revoke a subpoena if the evidence, the production of which is required, does not relate to a matter in issue, or if the subpoena does not describe with sufficient particularity the evidence the production of which is required, or if for any other reason sufficient in law the ...

Time to Object Under FRCP 45(d)(2)(B) Absent an agreement or court order stating otherwise, a subpoena recipient must serve any written objections on the party or attorney designated in the subpoena before the earlier of: The subpoena's return date (which issuing counsel sets). 14 days after the subpoena is served.

Common grounds for filing a motion to quash are that the individual is outside the subpoena range, or that the items to be produced are unavailable within the specified time or at the specified location. Other common grounds for filing a motion to quash include undue burden and expense.

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.

4 Valid Reasons to Get Out of a Subpoena Avoidance. If you live within the court's area, somebody will eventually serve you a copy of the subpoena in person. ... Objection. If you are subpoenaed to provide documents or other materials, you may object in writing to the subpoena. ... Undue Burden. ... Privileged Information.

Interesting Questions

More info

R. Crim. P. 17(c) allows the court in a criminal proceeding to quash a subpoena duces tecum that it determines to be unreasonable or oppressive. Jul 25, 2023 — Therefore, we also conclude that execution of the subpoena duces tecum, as modified, would constitute an unreasonable search and seizure.If an appellant is aware of grounds for disqualification of a justice, the appellant must file a motion to disqualify with the application for leave to appeal. Debtor's assets can also be discovered through MCR 2.305 without the need for an affidavit of debtor examination or issuance of this subpoena by a judge. Jan 9, 2012 — Because it. is issued against a non-party, it is unreasonably burdensome, and should be either quashed in its entirety or dramatically limited. Feb 10, 2022 — If an objection or motion to quash is made, the party issuing the subpoena must get a court order to compel the person's compliance. Failure to ... The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may ... What are the deadlines for responding to a Subpoena? An individual served with a subpoena duces tecum or deposition subpoena is normally given a reasonable time ... 45.02: Upon motion the court may quash or modify a subpoena duces tecum if it is unreasonable or oppressive and may require the party issuing the subpoena to ... Nov 1, 2019 — This guidebook describes changes to Michigan's civil discovery rules that are the product of several years of hard work by many attorneys ...

Trusted and secure by over 3 million people of the world’s leading companies

Michigan Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive