New Jersey Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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Multi-State
Control #:
US-02676BG
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Word; 
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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.

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FAQ

Rule -3. When service of a notice or paper is made by ordinary mail, and a rule or court order allows the party served a period of time after the service thereof within which to take some action, 5 days shall be added to the period.

(a) The commission or designated officer may quash a subpoena on the ground that the subpoena does not reasonably relate to any matter under investigation, inquiry or hearing, or the subpoena does not describe with sufficient particularity the evidence sought, or that the evidence sought from the witness is privileged ...

New Jersey Court Rule governs the issuance of subpoenas. Court Rule -1 specifically states that ?a subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk.? [Emphasis added.]

Subpoena Instructions The subpoenaed witness must be paid $2 per day and, if the witness does not live in the county where the hearing will be held, an additional $2 for every thirty miles of travel between the witness's home and the hearing location. The witness fee should be included with the subpoena.

When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.

Court Rule -3 provides ?a mechanism, coercive in nature, to afford relief to a litigant who has not received what a Court Order or Judgment entitles that litigant to receive.? [D'Atria v. D'Atria, 242 N.J. Super.

After the pretrial conference has been conducted and a trial date set, the court shall not accept negotiated pleas absent the approval of the Criminal Presiding Judge based on a material change of circumstance, or the need to avoid a protracted trial or a manifest injustice.

Rule -3. A subpoena may be served by any person 18 or more years of age.

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New Jersey Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive