Nebraska Motion to Quash Deposition Subpoena Duces Tecum

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Multi-State
Control #:
US-PI-0042
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Word; 
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This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
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FAQ

(A) For investigative purposes, the Counsel for Discipline shall be empowered to issue writs of subpoena, including subpoena duces tecum, in the name of the State of Nebraska requiring the attendance and testimony of witnesses and parties and the production of records, books, and documents; to administer oaths to ...

25-1226. Subpoena; manner of service; time. (2) A subpoena for a trial must be served at least two days before the day on which the person is commanded to appear and testify.

(1) Upon the request of a party to a civil action or proceeding, a subpoena may be issued to command a person to testify at a trial or deposition. The term trial in reference to a subpoena includes a hearing at which testimony may be taken.

The Constitution of the State of Nebraska distributes the judicial power of the state among the Supreme Court, Court of Appeals, district courts, and county courts. All state courts operate under the administrative direction of the Supreme Court.

Willful disobedience of or resistance willfully offered to any lawful process or order of court constitutes criminal contempt.

(1) A subpoena for a trial or deposition may be served by personal service, which is made by leaving the subpoena with the person to be served, or by certified mail service, which is made by sending the subpoena by certified mail with a return receipt requested showing to whom and where delivered and the date of ...

Rule (30)(b)(6) applies to depositions of both party and nonparty corporations. For nonparty deponent corporations, the rule requires that the noticing party issue a subpoena.

If the judge finds that person is in contempt, the judge will sentence that person to a jail sentence; but will allow him/her a chance to be released from jail by following a purge plan. A purge plan gives the person an opportunity to come into compliance with the court order.

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Nebraska Motion to Quash Deposition Subpoena Duces Tecum