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 Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive In Nebraska, an Affidavit in Support of Motion to Quash Subpoena Ducks Cecum is a legal document submitted to the court requesting the dismissal of a subpoena that is considered unreasonable and oppressive. This affidavit serves as evidence to demonstrate that the subpoena places an unfair burden on the party being summoned and violates their rights. When a party receives a subpoena duces tecum, it means they are required to produce specific documents or materials in their possession. However, in some cases, the subpoena may be deemed unreasonable and oppressive, necessitating the filing of an affidavit to challenge its validity. The Nebraska Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive typically includes detailed information addressing the following key points: 1. Identification of the affine: The affidavit begins with the name, address, and contact information of the person submitting the affidavit, who is usually the party being summoned. 2. Court case information: The affidavit includes the details of the ongoing court case where the subpoena was issued, such as the case name, number, and the court in which it is being heard. 3. Basis for the motion to quash: The affine clearly outlines the grounds on which they are requesting the subpoena to be quashed, highlighting the unreasonableness and oppressiveness of the requested documents or materials. 4. Explanation of unreasonableness and oppressiveness: The affine provides a comprehensive explanation of why complying with the subpoena would place an undue burden, hardship, or disadvantage on their rights or interests. This could include factors such as excessive scope, excessively costly or time-consuming requirements, or relevance to the case. 5. Supporting evidence: The affine may attach relevant supporting documents, such as correspondence related to the subpoena, expert opinions, or any other evidence demonstrating the unreasonableness and oppressiveness of the subpoena. 6. Legal arguments: The affidavit may include legal arguments citing applicable Nebraska laws, statutes, rules, or relevant court decisions that support the contention that the subpoena should be quashed. It's worth noting that there may be different types or variations of the Nebraska Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, depending on the particular circumstances of each case. However, the general content and purpose of the document will remain similar across different cases. Overall, filing an affidavit in support of a motion to quash a subpoena duces tecum in Nebraska is crucial in protecting the rights and interests of the party being summoned, and to ensure that the burden imposed by the subpoena is reasonable and fair.
