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.
