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North Carolina 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.

In North Carolina, an 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 an individual or entity who believes that a subpoena duces tecum (a subpoena requiring the production of documents or tangible items) is unjustified and oppressive. This affidavit is used to request the court to quash or set aside the subpoena. Keywords: North Carolina, affidavit, support, motion, quash, subpoena, duces tecum, unreasonable, oppressive, legal document, court, request. There are several types of North Carolina Affidavits in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, including: 1. Individual Affidavit: This affidavit is filed by an individual who has been served with a subpoena duces tecum and believes it to be unreasonable and oppressive. The affidavit will provide detailed reasons and supporting evidence to substantiate the claim. 2. Corporate Affidavit: Filed by a corporation or business entity that has received a subpoena duces tecum, this affidavit will outline the reasons why the subpoena is deemed unreasonable and oppressive, taking into account the burden it places on the company, the relevance of the requested documents, and any potential invasion of privacy. 3. Expert Witness Affidavit: In some cases, an expert witness may be required to provide their opinion regarding the unreasonableness and oppressiveness of a subpoena duces tecum. This type of affidavit will present the expert's qualifications and credibility, as well as a professional analysis of the subpoena's implications. 4. Joint Affidavit: If multiple parties are served with the same subpoena duces tecum and wish to challenge its validity together, they can file a joint affidavit. This type of affidavit will combine the arguments and supporting evidence from each party, jointly presenting their case against the subpoena. 5. Confidentiality Affidavit: When a subpoena duces tecum implicates confidential or sensitive information, a confidentiality affidavit may be included. This affidavit seeks to protect the privacy and confidentiality of the documents or items being requested, emphasizing the need to quash the subpoena to prevent the violation of these rights. It is important to consult with an attorney who specializes in North Carolina legal matters to determine the specific type of affidavit required and to accurately draft and file the document in accordance with the state's laws and regulations.

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One method of responding to a subpoena is to file what is known as a ?Motion to Quash.? A ?motion? is a written document directed to the judge in the case asking the judge to take some action for the reasons stated in the motion. ?Quash? is a legal term meaning to terminate, reject or void.

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.

The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question. When a motion to quash is filed, the court will review the arguments and evidence presented by the party filing the motion, as well as any opposing arguments.

A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.

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).

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 objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests. Insufficient time to reply. Disclosure of privileged or confidential information. Disclosure of trade secrets. Undue burden or expense. Inaccessible data.

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YOU ARE COMMANDED TO: (check all that apply) appear and testify, in the above entitled action, before the court at the place, date and time indicated below. - A person commanded to appear at a trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers, documents, ...A person commanded by a subpoena duces tecum to produce items may test the relevancy and materiality (but not the admissibility) of the designated items by ... Motions to Modify or Quash a Subpoena Duces Tecum. A person commanded by a subpoena duces tecum to produce items may test the relevancy and materiality (but ... 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. (a) The parties to a claim shall use the following Form 36, Subpoena, to subpoena a person(s) to appear and testify and/or produce documents for inspection ... A command to each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated records, books, ... 45(c)(2) addresses subpoenas to “any custodian of public records or any custodian of hospital medical records.” Don't cite this section when moving to quash a ... Jun 14, 2013 — An administrative subpoena is summarily enforceable if the subpoena is within the agency's authority, it seeks information reasonably relevant ... The district attorney may issue a subpoena duces tecum to compel a witness or ... Upon a motion made promptly, the court may quash or modify the subpoena duces ...

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