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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US-02676BG
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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 Jersey Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed by a party in a court case to request the cancellation or invalidation of a subpoena duces tecum issued by the opposing party. This affidavit provides detailed information and arguments as to why the subpoena should be quashed. In New Jersey, there could be different types of affidavits used in support of a motion to quash a subpoena duces tecum. These variations may arise depending on the specific circumstances of the case or the grounds on which the moving is challenging the subpoena. Here are a few examples: 1. New Jersey Affidavit in Support of Motion to Quash Subpoena Ducks Cecum — Unreasonable Relevance: This type of affidavit argues that the subpoena seeks documents that are not reasonably related to the issues involved in the case. It aims to demonstrate that the requested documents do not have any bearing on the relevant facts or legal claims, rendering the subpoena oppressive and burdensome. 2. New Jersey Affidavit in Support of Motion to Quash Subpoena Ducks Cecum Over breadthth: This affidavit asserts that the subpoena is overly broad and seeks documents that are beyond the permissible scope defined by the rules of discovery. It highlights how the requested documents go beyond what is necessary for the resolution of the case, amounting to an oppressive and harassing demand. 3. New Jersey Affidavit in Support of Motion to Quash Subpoena Ducks Cecum — Privileged or Protected Information: This type of affidavit argues that the subpoena seeks documents protected by attorney-client privilege, work-product doctrine, or other forms of legally recognized privilege. It offers specific details on why these documents should not be disclosed, highlighting their confidential and privileged nature. 4. New Jersey Affidavit in Support of Motion to Quash Subpoena Ducks Cecum — Privacy Concerns: This affidavit focuses on the invasion of privacy resulting from the subpoena. It highlights how the requested documents contain personal or sensitive information that, if disclosed, would violate the moving's rights to privacy, potentially causing undue harm or harassment. Overall, a New Jersey Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that the Subpoena is Unreasonable and Oppressive is a crucial legal document used to protect the rights and interests of a party involved in a case. It requires a thorough and detailed explanation of the reasons why the subpoena should be quashed, centering around the concepts of reasonableness, oppression, over breadth, privilege, or privacy concerns.

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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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A motion to quash or modify a subpoena must be filed "promptly" and include: ▫ The time and place when it is to be presented to the court. ▫ The grounds on ... A resident of this State subpoenaed for the taking of a deposition may be required to attend an examination only at a reasonably convenient time and only. (A) ...The court on motion made promptly may quash or modify the subpoena or notice if ... motion supported by affidavit. The court may order the person to appear ... R. Crim. P. 17(c) allows the court in a criminal proceeding to quash a subpoena duces tecum that it determines to be unreasonable or oppressive. That party must complete it before service. An attorney also may issue and sign a subpoena if the attorney is authorized to practice in the issuing court. (4) ... Following, please find a sample Notice of Motion to Quash Subpoena, the Supporting Certification of our (fictitious) client, and a proposed form of Order ... Feb 10, 2022 — A person commanded by a subpoena duces tecum to produce items may test the relevancy and materiality (but not the admissibility) of the ... LEGAL STANDARD. Under New Jersey Rule of Court 1:9-2A, a court may, on motion, quash or modify a subpoena if compliance would be “unreasonable or oppressive. The person who serves the Subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT) and file it with the Court. HOW TO SUBPOENA DOCUMENTS OR ...

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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