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Mississippi Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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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 Mississippi Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed by a party in a case to challenge a subpoena seeking the production of documents or records. Keywords: Mississippi, Affidavit, Motion to Quash, Subpoena, Ducks Cecum, Grounds, Unreasonable, Oppressive, legal document, party, challenge, production, documents, records. There are two types of Mississippi Affidavits in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive: 1. General Affidavit: This type of affidavit is filed when a party believes the subpoena is unjustified, excessive, or burdensome. The affine provides detailed reasons as to why the subpoena should be quashed, highlighting the unreasonable and oppressive nature of the request. The affidavit may include arguments related to privacy concerns, undue burden, or irrelevance of the documents sought. 2. Specific Affidavit: In certain cases, a party may have specific reasons to challenge the subpoena beyond general claims of unreasonableness or oppression. For example, the affine may argue that the requested documents are protected by attorney-client privilege or that compliance would violate state or federal laws. The specific affidavit would provide detailed factual information to support these claims. In both types of affidavits, it's essential to include relevant details and legal arguments to convince the court that the subpoena is indeed unreasonable and oppressive. The document should clearly outline the reasons for the objection, cite relevant laws or legal precedents, and provide persuasive arguments to support the motion to quash. It is important to consult with a legal professional experienced in Mississippi law to ensure the affidavit is properly prepared and presented to maximize the chances of successfully quashing the subpoena.

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Any party may serve as a matter of right upon any other party written interrogatories not to exceed thirty in number to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such ...

Rule 82 - Jurisdiction and Venue (a) Jurisdiction Unaffected. These rules shall not be construed to extend or limit the jurisdiction of the courts of Mississippi. (b) Venue of Actions. Except as provided by this rule, venue of all actions shall be as provided by statute.

On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

The summons and a copy of the complaint must then be served on each defendant. This rule provides for personal service, residence service, first-class mail and acknowledgement service, certified mail service, and publication service.

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.

(1) A subpoena may be served by a sheriff, or by his deputy, or by any other person who is not a party and is not less than 18 years of age, and his return endorsed thereon shall be prima facie proof of service, or the person served may acknowledge service in writing on the subpoena.

Rule 45(a)(1) provides that a subpoena shall command each person to whom it is directed to attend and give testimony, or to produce and permit inspection of evidence, or to permit inspection of premises, and provides further that a command to produce evidence or to permit inspection may be joined with a command to ...

In order to file a motion to quash, you will need to draft the motion and file it in the case/court that appears on the document you were served with. Once filed, the motion to quash will stay the subpoena, until a judge makes a ruling on the motion or the subpoenaed party and the issuing party reach an agreement.

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such manner as unreasonably to annoy, embarrass, or oppress the party or the person upon ... The motion shall be made within a reasonable time, and for reasons ... The subpoena must specify with reasonable particularity the subjects to which the desired ... unreasonable or oppressive, or (ii) condition the denial of 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. Jan 2, 2004 — pary from anoyance, embarassment, oppression, or undue ... Subpoena Duces Tecum be quashed and/or limited, and that it be awarded its reasonable. Oct 24, 2014 — Using the agreed-upon modifications, BCBS conducted a reasonable and ... oppressive. BCBS further objects to Request. No. 11 on the grounds ... Jan 25, 2016 — Rule 45(d)(1) mandates that “ [a] party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing ... Motions seeking subpoenas duces tecum shall be supported by an affidavit or declaration stating facts which establish: ... unreasonably to delay the trial; and (D) ... Mar 19, 2018 — Quashal is appropriate when “compliance would be unreasonable or oppressive. ... A subpoena duces tecum is tied inextricably to a trial or ... 6 the subpoena, or, in the alternative, protecting the SWC from the unwarranted oppression ... The Subpoena Duces Tecum Fails to Provide a Reasonable Time for. • is unreasonable or oppressive; or. • is procedurally defective. See N.C.R.CIV. P.45(c)(3), (c)(5). If the judge enters an order to quash or modify a subpoena ...

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Mississippi Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive