Michigan Motion to Quash Deposition Subpoena Duces Tecum

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Multi-State
Control #:
US-PI-0042
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Word; 
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Description

This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.

A Motion to Quash Deposition Subpoena Ducks Cecum in Michigan is a legal document filed by a party seeking to prevent the enforcement of a subpoena that requires the production of specific documents or materials during a deposition. This motion challenges the validity or scope of the subpoena, aiming to protect the party from any potential harm or burden associated with producing the requested documents. One type of Michigan Motion to Quash Deposition Subpoena Ducks Cecum is based on privilege. Privileged documents refer to those that are protected by attorney-client privilege, work product doctrine, doctor-patient privilege, or any other legally recognized privilege. To quash a subpoena based on privilege, it must be demonstrated that the requested documents fall within these protected categories. Another type of Motion to Quash Deposition Subpoena Ducks Cecum in Michigan may challenge the relevance or overreach of the requested documents. The party filing the motion must provide compelling reasons as to why the subpoena is unduly burdensome, oppressive, or seeks information that is not pertinent to the case. Additionally, a Michigan Motion to Quash Deposition Subpoena Ducks Cecum can also be filed if there are procedural defects in the issued subpoena. This may include errors in the form, inadequate notice, or non-compliance with the court rules governing the issuance of subpoenas. In essence, a successful Motion to Quash Deposition Subpoena Ducks Cecum in Michigan will ultimately result in the subpoena being rendered unenforceable, preventing the party from being compelled to produce the requested documents during a deposition. Keywords: Michigan, Motion to Quash, Deposition, Subpoena, Ducks Cecum, types, privilege, relevance, overreach, procedural defects, legal document, attorney-client privilege, work product doctrine, doctor-patient privilege.

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(5) Any party may move to quash or modify a subpoena by motion under MCR 2.302(C) filed before the time specified in the subpoena, and serve same upon the nonparty, in which case the non-party's obligation to respond is stayed until the motion is resolved.

The party served with the subpoena duces tecum must then appear in court on the date and time specified with the requested information and turn it over directly to the presiding judge.

Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests. Insufficient time to reply. Disclosure of privileged or confidential information. Disclosure of trade secrets. Undue burden or expense. Inaccessible data.

You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. If you fail to appear, you may be in contempt of court.

On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought or the form requested is not reasonably accessible because of undue costs or burden.

File the Motion with the court. File all four copies of your motion with the court in person or by first-class mail. If you mail your motion to the court, include a postage-paid and self-addressed envelope with your motion so that the court can return copies.

Within 10 days after its service, or on or before the time specified in the subpoena for compliance if the time is less than 10 days after service, the person to whom the subpoena is directed may serve written objection to inspection or copying of any of the designated materials.

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 ...

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The motion must include a copy of the request and proof of service of the subpoena. The movant must serve the motion on the non-party as provided in MCR 2.105. Jan 4, 2019 — A motion to quash is a dispositive motion, thus allowing briefing page limits under Local Rule 7.2(a) as a dispositive motion “as.(1) The court in which a matter is pending may by order or subpoena command a party or witness to appear for the purpose of testifying in open court on a date ... Visit Michigan Courts case search to view court documents, case information, orders, and opinions. ... Click on the entity in the left column to filter by that ... Jun 19, 2014 — Pending before the Court is petitioner U.S. Department of the Treasury's (“Treasury”) renewed motion to quash a subpoena duces tecum and motion ... A motion to quash a subpoena duces tecum in a grand jury proceeding must include a statement of facts and grounds in support of the objection to the subpoena. 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 ... Dec 10, 2020 — Wondering how to file a motion to quash and what are its legal requirements? Learn all about it and more from this article. If there are no records, the deposition officer will obtain an affidavit of no records from the custodian of records of the witness. The seven ways to challenge ... For a subpoena duces tecum issued in a civil action, the records should be provided either within 15 days after the receipt of the subpoena, or within the time ...

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Michigan Motion to Quash Deposition Subpoena Duces Tecum