Missouri Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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US-02675BG
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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.

A Missouri Motion to Quash Subpoena Ducks Cecum is a legal document filed in court by a party or witness who seeks to challenge the validity or enforceability of a subpoena for the production of specific documents. This motion asserts that the subpoena is unreasonable and oppressive, meaning that it places an undue burden on the party or witness and infringes on their rights. The grounds for filing this motion can vary, but typically include arguments such as: 1. Lack of relevance: The party or witness claims that the requested documents are not pertinent to the case at hand and therefore the subpoena is unnecessary. 2. Over broad or vague: The subpoena requests a broad range of documents without sufficient specificity, making it impractical or burdensome for the party or witness to comply. 3. Unduly burdensome: The subpoena places an excessive burden on the party or witness, such as requiring them to produce a large volume of documents within an unreasonably short timeframe or at significant expense. 4. Privacy concerns: The requested documents may contain sensitive or confidential information that the party or witness wishes to protect, and the subpoena fails to adequately address these concerns. 5. Privilege or immunity: The party or witness may argue that certain documents are protected by attorney-client privilege, work product privilege, or other recognized privileges, and therefore should be exempt from production. It's important to note that there may be different types of Missouri Motions to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, depending on the specific circumstances of the case. Each motion may be tailored to address the unique aspects of the subpoena and the party or witness's objections. Additionally, the court may have specific procedures or requirements for filing and responding to such motions, so it's crucial to consult with a legal professional for guidance on the process.

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FAQ

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.

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 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.

Objections: The other party or witness has the right to object to the subpoena. If the other party objects to the subpoena, and you are not able to reach a written agreement to change the language of the subpoena, he or she must file a request for order to quash the subpoena.

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

Any person to whom a subpoena is directed, or any party, may file a motion to quash or limit the subpoena. The motion must be filed with the judge, and it must include the reasons why compliance with the subpoena should not be required or the reasons why the subpoena's scope should be limited.

Undue Burden. 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. R. Civ. P. 45(d)(1).

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. ...

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Mar 29, 1974 — (1) Quash or modify the subpoena if it is unreasonable or oppressive, or (2) Require the party who issued and served the subpoena to advance ... The court may quash or modify a subpoena if compliance would be unreasonable or oppressive. The court may direct that books, papers, documents, or objects ...Nov 25, 2013 — Of course, a Court may quash or modify the subpoena if it is unreasonable or oppressive or may require the party who issued and served the ... 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. On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive. (3) Subpoena for Personal or Confidential ... 17.3(c) (“The court, on motion made promptly, may dismiss or modify a subpoena duces tecum if compliance therewith would be unreasonable, oppressive, or ... 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 ... A party seeking a "subpoena duces tecum" requiring production of documents by the other party must show good cause for the issuance of such a subpoena. Lee v. Dec 8, 2021 — Any non-party who can demonstrate that a subpoena duces tecum is unreasonable or burdensome can appeal to the discretion of the court for relief ... When the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if the person subject to ...

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Missouri Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive