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.
Nebraska Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive In legal proceedings, a subpoena duces tecum is a type of legal order that requires a person or organization to produce certain documents or evidence relevant to a case. However, in certain instances, a subpoena may be deemed unreasonable or oppressive, leading the party involved to file a motion to quash the subpoena. In the state of Nebraska, there are several types of motions to quash a subpoena duces tecum based on the grounds of unreasonableness and oppressiveness. One type of Nebraska motion to quash a subpoena duces tecum on the grounds that it is unreasonable and oppressive involves situations where the requested documents or evidence are not relevant to the case at hand. When the party served with the subpoena believes that the documents requested are irrelevant or unnecessary for the litigation, they can file a motion to quash, arguing that the subpoena is unreasonable as it seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. Another possible scenario for filing a motion to quash in Nebraska is when the subpoena is overly burdensome. This can occur when the requested documents are not easily accessible or require extensive efforts to compile, review, or produce. Parties may argue that fulfilling the subpoena would place an undue burden on them, either due to the costs involved or the time required to gather, organize, or disclose the requested materials. Furthermore, a party may seek to quash a subpoena duces tecum if it is deemed oppressive or harassing. Subpoenas that are issued with the purpose of burdening or harassing the opposing party instead of advancing the case's legitimate discovery needs may be subject to a motion to quash. A party can argue that the subpoena is being misused as a means of intimidation, retaliation, or unnecessary inconvenience, thereby violating the principles of fairness and due process. When filing a Nebraska motion to quash a subpoena duces tecum on the grounds of unreasonableness and oppressiveness, it is essential to provide detailed explanations and supporting evidence to substantiate the claims being made. The motion should clearly articulate why the subpoena is unreasonable, oppressive, or excessively burdensome, and demonstrate how the requested documents are irrelevant or disproportionate to the needs of the case. Successfully filing a motion to quash can alleviate the potential burden and stress associated with complying with an unreasonable or oppressive subpoena duces tecum. It is crucial to consult with an experienced attorney familiar with Nebraska's legal system to navigate the intricacies of the motion and ensure the best possible outcome for the party served with the subpoena.
