Mississippi Motion for Quash Subpoena Duces Tecum
Understanding this form
The Motion for Quash Subpoena Duces Tecum is a legal document used by a plaintiff to request that a court invalidate a subpoena requiring their appearance or document production. This motion asserts that the subpoena serves no legitimate purpose and may be oppressive or burdensome. It is distinct from standard motions as it specifically addresses subpoenas, thereby focusing on limiting the scope of discovery in legal proceedings.
What’s included in this form
- Section identifying the Plaintiff and Defendant along with case details.
- Statement outlining the reasons for quashing the subpoena.
- Allegation of bad faith or unreasonable demands in the subpoena.
- Request for attorney fees related to challenging the subpoena.
- A provision for reconsidering a previous court judgment involving the case.
When to use this document
This form should be used when a defendant has issued a subpoena duces tecum that the plaintiff believes is unnecessary or intended to cause undue hardship. It is applicable in situations where the subpoena does not pertain to relevant information for the case at hand or when it appears to be an abuse of the courtâs process, such as trying to gather evidence for a new trial without proper justification.
Who needs this form
- Plaintiffs involved in legal proceedings facing unwarranted subpoenas.
- Individuals who believe that compliance with a subpoena would result in unnecessary costs or harassment.
- Parties seeking to protect their rights and maintain fair legal processes in litigation.
Completing this form step by step
- Identify the parties involved and fill in their names in the appropriate sections.
- Specify the details regarding the subpoena, including date and time of the required presence.
- Insert factual reasons supporting your request to quash the subpoena.
- Request reasonable attorney fees and specify claims regarding the prior judgment.
- Review the completed motion for accuracy before filing with the court.
Does this document require notarization?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to include specific details about the relevant subpoena.
- Not providing sufficient legal justification for quashing the subpoena.
- Overlooking local rules about format and filing procedures.
Why complete this form online
- Convenience of downloading and filling out at your own pace.
- Guidance provided through templates drafted by licensed attorneys.
- Easy access and instant availability without the need for in-person visits.
Legal use & context
- This motion may affect the outcome of your case if successful in quashing the subpoena.
- Filing this motion timely is critical to avoid default compliance with the subpoena.
- Consulting with legal counsel is recommended to ensure best practices and adherence to procedural rules.
Quick recap
- The Motion for Quash Subpoena Duces Tecum protects against unnecessary legal demands.
- It provides a structured approach to contesting subpoenas that may be improperly issued.
- Successful completion of this form may mitigate potential burdens and costs.
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FAQ
A court will usually grant a motion and quash a subpoena if it (i) does not allow you a reasonable time to respond (depending on the jurisdiction, a minimum of 10-14 days); (ii) requires that you produce documents at a location more than 100 miles away; (iii) subjects you to undue burden (i.e., excessive time,
3. Any non-party who has been served with a business records subpoena may bring a motion to quash. Note, however, that some case law holds that a non-party may simply serve written objections and is not required to bring a motion to quash. The discovery rules do not discriminate against nonparty deponents.
A motion to quash must be based on valid grounds.If the court grants the motion, it may quash the subpoena entirely, modify it, or order that you comply with it on specified conditions. If the court denies the motion, you will usually have to comply with it as written.
Under HIPAA, any subpoena duces tecum that is not accompanied by a court order must contain a written statement and accompanying documentation demonstrating that the requesting party made reasonable efforts to (1) notify the patient whose records are being requested, or (2) secure a qualified protective order.
After the motion to quash is filed, the court will review the case and make its determination. For example, if the judge grants a motion to quash service, then the service on the defendant would be considered void. A motion to quash that is approved would also invalidate any applicable decisions from a lower court.
If you want to take the risk, save the money you would have spent on a motion to quash (lawyers often charge from $2,000 to more than $3,000) and instead use it to settle the case if: a) you are served a summons and complaint, or b) you are actually targeted in an individual lawsuit against you.
Any employee whose employment records are sought by a subpoena duces tecum may bring a motion to quash. Note that non-party employees may object to a subpoena by serving written objections. 3. Any non-party who has been served with a business records subpoena may bring a motion to quash.
