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 North Carolina Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal recourse available to individuals or entities who believe that a subpoena issued against them is burdensome, excessive, or unjustified. This motion seeks to challenge the enforceability of the subpoena, arguing that it violates the principles of reasonableness and fairness. In North Carolina, there are various types of motions to quash a subpoena based on the grounds of being unreasonable and oppressive. These may include but are not limited to: 1. Applicability to Privacy Rights: A motion may argue that the requested documents or information encroach upon personal privacy rights, revealing sensitive or confidential information without any compelling justification. It may raise concerns about the invasion of privacy and request the court to quash the subpoena for this reason. 2. Over broad or Unduly Burdensome: This type of motion challenges subpoenas that demand an excessive amount of documents or information, exceeding what is necessary for a fair and just resolution of the legal matter at hand. It asserts that complying with such demands would create an undue burden on the subpoenaed party and seeks to have the subpoena quashed or narrowed. 3. Irrelevant or Unnecessary Information: If the subpoena seeks documents or information that have no direct relevance to the case, a motion to quash can be filed. It argues that the subpoena's demands go beyond the scope of what is necessary for a fair trial or conflict resolution, and therefore should be rejected. 4. Bad Faith or Harassment: A motion may assert that the subpoena is triggered by bad faith intentions or to harass, annoy, or burden the subpoenaed party. It highlights any evidence or circumstances suggesting ulterior motives behind the subpoena issuance and requests its quashing on these grounds. 5. Privileged or Protected Information: If the subpoena seeks documents or information protected by attorney-client privilege, doctor-patient confidentiality, or other legally recognized privileges, a motion to quash can be filed. The motion would argue that the subpoena violates these privileges and seeks their protection. In summary, a North Carolina Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive allows individuals or entities to challenge subpoenas that they believe are excessive, burdensome, irrelevant, or issued with bad faith intentions. By filing this motion, one can seek relief from the court by requesting the subpoena to be quashed or narrowed based on valid legal grounds.
