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Before filing the motion, you must do two things: (1) serve written objections to the deposition notice; and (2) meet and confer with opposing counsel before filing the motion. If you file a motion to quash, the deposition is automatically stayed pending the court's ruling. (§ 2025.410(c).)
A motion to quash is timely if made before the date specified in the subpoena for compliance. In considering a motion to quash, the trial court may hold a hearing and, as necessary, entertain any relevant testimony.
Examples of the usage of quash include "to quash a motion" or "quash evidence." The methods for quashing depend on the subject matter of the motion to quash. For example, Federal Rule of Civil Procedure 45 sets out the method for quashing a subpoena.
This Note explains who may file a motion to dismiss, when they may file the motion, and the available defenses (grounds) to assert, including lack of subject matter or personal jurisdiction, insufficient process or service of process, failure to state a claim on which relief may be granted, and failure to join a ...
(a) A petition to quash a subpoena may be filed with the commission or designated officer not later than five days from the date of service of the subpoena. (b) The commission or designated officer shall give notice of the filing of a petition to quash to the applicant for subpoena.
-1 and -2(a), (b) apply to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to R. -1(a) shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.
(a) A petition to quash a subpoena may be filed with the commission or designated officer not later than five days from the date of service of the subpoena. (b) The commission or designated officer shall give notice of the filing of a petition to quash to the applicant for 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.