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.
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Rule 45-Subpoena. (a) Form; Issuance. (D) set forth the text of subdivisions (c) and (d) of this rule. A command to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately.
Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests.
A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
Time to Object Under FRCP 45(d)(2)(B) Absent an agreement or court order stating otherwise, a subpoena recipient must serve any written objections on the party or attorney designated in the subpoena before the earlier of: The subpoena's return date (which issuing counsel sets). 14 days after the subpoena is served.
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).
The Subpoena Requires the Disclosure of Privileged or Confidential Information. Federal Rule of Civil Procedure 45 allows a court to quash a subpoena that requires a party to produce certain sensitive information.
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. ...
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.
