• US Legal Forms

North Dakota Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

State:
Multi-State
Control #:
US-02675BG
Format:
Word; 
Rich Text
Instant download

Description

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 Dakota Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document used in court to challenge a subpoena that is believed to be burdensome, excessive, or unfair. A Motion to Quash Subpoena Ducks Cecum allows the individual or party receiving the subpoena to argue that complying with it would be unduly oppressive, unreasonable, or violate their rights. By filing this motion, they seek to prevent the enforcement of the subpoena and protect their rights to privacy and freedom from unnecessary intrusion. This type of motion is typically used when the subpoena places an excessive burden on the individual, either in terms of time, cost, or invasion of privacy. It may also be used when the subpoena seeks information that is irrelevant to the case or goes beyond the scope allowed by law. When filing a Motion to Quash Subpoena Ducks Cecum, it is crucial to provide detailed arguments and evidence supporting the claim that the subpoena is unreasonable and oppressive. This may include explaining how compliance with the subpoena would cause undue hardship, providing alternative ways to obtain the information sought, or demonstrating that the subpoena is overly broad or not relevant to the case at hand. It is important to note that there may be different types of motions to quash subpoena duces tecum in North Dakota, depending on the specific circumstances and grounds for challenging the subpoena. These may include motions specifically focusing on the unreasonableness of the subpoena, oppressive nature of the request, or both. Additionally, the grounds for challenging a subpoena duces tecum may vary depending on the individual case, and legal assistance is recommended in navigating these complexities.

Free preview
  • Form preview
  • Form preview
  • Form preview

How to fill out North Dakota Motion To Quash Subpoena Duces Tecum On The Grounds That Subpoena Is Unreasonable And Oppressive?

US Legal Forms - one of several biggest libraries of lawful types in the United States - gives a wide array of lawful record web templates it is possible to down load or print out. While using site, you may get a large number of types for business and person purposes, sorted by types, says, or search phrases.You will discover the most up-to-date types of types just like the North Dakota Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive within minutes.

If you have a subscription, log in and down load North Dakota Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive in the US Legal Forms catalogue. The Download switch can look on each form you look at. You get access to all formerly saved types within the My Forms tab of your own account.

If you want to use US Legal Forms the very first time, listed here are basic guidelines to help you get started:

  • Be sure to have picked out the proper form for the city/region. Click on the Preview switch to examine the form`s information. Look at the form information to actually have chosen the correct form.
  • In case the form doesn`t fit your requirements, use the Research field near the top of the display screen to find the the one that does.
  • When you are satisfied with the shape, verify your selection by visiting the Buy now switch. Then, select the costs plan you favor and offer your references to register to have an account.
  • Process the transaction. Utilize your credit card or PayPal account to perform the transaction.
  • Choose the structure and down load the shape on your own system.
  • Make changes. Fill out, revise and print out and indicator the saved North Dakota Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive.

Each template you put into your account does not have an expiration day and is your own property forever. So, in order to down load or print out one more duplicate, just visit the My Forms portion and then click about the form you need.

Obtain access to the North Dakota Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive with US Legal Forms, probably the most substantial catalogue of lawful record web templates. Use a large number of skilled and express-specific web templates that meet up with your business or person demands and requirements.

Form popularity

FAQ

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 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.

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.

(a) Form; Issuance. (1) Every subpoena shall. (A) state the name of the court from which it is issued; and. (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and.

4 Valid Reasons to Get Out of a Subpoena Avoidance. If you live within the court's area, somebody will eventually serve you a copy of the subpoena in person. ... Objection. If you are subpoenaed to provide documents or other materials, you may object in writing to the subpoena. ... Undue Burden. ... Privileged Information.

(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.

Follow Federal Rules of Civil Procedure Rule 45(b). Pursuant to Rule 45(d)(2)(B), the party has 14 days to respond after service of the subpoena, or the party must respond before the time specified for compliance in the subpoena if it is less than 14 days.

Interesting Questions

More info

(2) Quashing or Modifying the Subpoena. On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive. A command to produce documents, electronically stored information, or tangible things or to permit the inspection of premises may be included in a subpoena ...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 subpoena recipient must preserve responsive documents and information regardless of whether it believes that the subpoena is objectionable. If the recipient ... A court on motion made promptly may quash or modify a subpoena if compliance would be unreasonable or oppressive. A court may direct that books, papers ... Jan 25, 2016 — The Subpoena does not allow a reasonable time to comply. 2. The Subpoena is unduly burdensome. 3. The cost of compliance with the Subpoena ... The Rule provides that 'the court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive.” The test is ... Amisi again served the Highway Patrol with a subpoena duces tecum seeking Melick's personnel file. See Docket No. 38-1. The subpoena seeks “a complete and ... Dec 1, 2008 — On motion made promptly, the court may quash or modify the subpoena if compliance would be unrea- sonable or oppressive. (3) Subpoena for ... disclose confidential information, the unit may file a motion to quash pursuant to this chapter, Tit. IV-D of the federal Social Security Act, or other ...

Trusted and secure by over 3 million people of the world’s leading companies

North Dakota Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive