When must a motion to quash a subpoena be filed?

A motion to quash a subpoena duces tecum should be filed within ten (10) days after receiving the subpoena or before the time stated for compliance if that time is fewer than ten days.

Does motion quash stay subpoena?

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.

Does a motion to quash stay a deposition?

A motion to quash, by itself, does not stop the deposition. You will have to get the hearing advanced to a date before the deposition date.

What are the grounds for motion to quash?

A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that the issuance of some court document like a subpoena was not done in a legal manner. For example, a party that receives improper service of process may file a motion to quash.

Who can move to quash a subpoena?

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.

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Mississippi Motion for Protective Order...

Motion For Protective Order Deposition

Mississippi Motion for Protective Order, Motion to Quash and Objection to Notice of Deposition Duces Tecum

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Mississippi Civil Procedure - Discovery - Protective Orders

State:

Mississippi

Control #:

MS-60620

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Description Motion To Quash Deposition Notice

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Protective Order, Motion to Quash and Objection to Notice of Deposition Duces Tecum, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-60620

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Order Duces FAQ

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.

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.

Providing objections suspends your obligation to comply with the subpoena until or unless a court orders compliance, or you reach an agreement with the party that served you with the subpoena. If you do not wish to comply with the subpoena, you may file a motion to quash it before the date set forth on the subpoena.

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