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Mississippi Motion to Quash Subpoena for Documents

Court Order Subpoena

Name: Mississippi Motion to Quash Subpoena for Documents
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.86 (213 reviews)

Category:

Mississippi Civil Procedure - Motions - Quash

State:

Mississippi

Control #:

MS-62424

Format:

Instant download

Description Motion To Quash

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 to Quash, 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-62424

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How to fill out Mississippi Motion To Quash Subpoena For Documents?

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Sample Motion To Quash Other Form Names

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Mississippi Quash FAQ

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.

Contact the lawyer who subpoenaed you and ask him/her to let you off the hook or alternatively postpone the trial. If you have a good excuse and the lawyer will not relent, get an attorney you know to contact the judge to get the case postponed.

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.

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.

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).

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.

If the accused has been arrested, with or without warrant, he may file MOTION TO QUASH the arrest or to RECALL the same, on the ground that the same has been illegally made or that there is no probable cause. 4.

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.

Court Order Subpoena

Description Motion To Quash

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Sample Motion To Quash Other Form Names

Mississippi Quash FAQ

Who can quash a subpoena?

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When must a motion to quash a subpoena be filed?

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