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 New Hampshire Affidavit in Support of Motion to Quash Subpoena Ducks Cecum refers to a legal document used in the state of New Hampshire to request the dismissal or cancellation of a subpoena duces tecum based on the grounds that it is deemed unreasonable and oppressive. This affidavit serves as a detailed description of the reasons why the subpoena should be invalidated and provides evidence and arguments to support the motion. In the state of New Hampshire, there may be different types of Affidavits in Support of Motion to Quash Subpoena Ducks Cecum that can be filed depending on the specific circumstances of the case. These can include: 1. Unreasonable Search and Seizure: If the subpoena violates the Fourth Amendment of the United States Constitution or Article 19 of the New Hampshire Constitution, which protect against unreasonable searches and seizures, the affidavit can argue that the requested information or documents are protected by the right to privacy. 2. Overly Burdensome and Oppressive: The affidavit may argue that complying with the subpoena would place an excessive burden on the person or entity being summoned, resulting in undue hardship or significant costs. It can outline the challenges, expenses, or disruption that would occur due to compliance. 3. Lack of Relevance: The affidavit can claim that the requested information or documents are irrelevant to the case at hand, and their production would not contribute to the fair and just resolution of the matter. This argument can emphasize the lack of connection between the requested materials and the issues being litigated. 4. Privileged or Confidential Information: If the subpoena seeks to disclose privileged or confidential information protected by law, such as attorney-client privilege or doctor-patient confidentiality, the affidavit can assert these protections and argue that it would be improper to force their disclosure. 5. Vagueness or Over breadth: If the subpoena is overly broad, vague, or lacks specificity in its request, the affidavit can argue that it fails to provide clear guidance on what is being sought, making it difficult or impossible to comply reasonably. This argument can highlight the lack of particularity in the subpoena. By presenting compelling evidence and arguments in this New Hampshire Affidavit in Support of Motion to Quash Subpoena Ducks Cecum, the goal is to persuade the court that the subpoena in question should be revoked or modified due to its unreasonableness and oppressive nature, thereby protecting the rights and interests of the individual or entity being summoned.
