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 Mexico 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 court to invalidate or cancel a subpoena requesting the production of documents or records. This motion argues that the subpoena is both unreasonable and oppressive, meaning that it places an undue burden on the party being served. In New Mexico, there are several types of motions to quash a subpoena duces tecum based on the grounds of unreasonableness and oppressiveness. These may include: 1. General Motion to Quash: This is a broad motion used to challenge any subpoena that is deemed unreasonable and oppressive. It asserts that the subpoena goes beyond the scope of what is necessary for the case and unfairly burdens the responding party. 2. Motion to Quash for Over breadth: This motion argues that the subpoena is overly broad and requests the production of irrelevant or privileged documents. It asserts that the subpoena should be narrowed down to only include those specific documents that are directly relevant to the case. 3. Motion to Quash for Undue Burden: This motion argues that complying with the subpoena would be excessively burdensome for the responding party. It may include factors such as the cost, time, and resources required to gather and produce the requested documents. 4. Motion to Quash for Lack of Relevance: This motion challenges the subpoena by arguing that the requested documents are not relevant to the case and would not contribute to the discovery or resolution of the legal matter at hand. 5. Motion to Quash for Privilege: This motion asserts that the requested documents are protected by attorney-client privilege, work product privilege, or other legally recognized privileges. It argues that the subpoena should be quashed to prevent the disclosure of these privileged materials. When filing a New Mexico Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, it is essential to provide a detailed explanation of the reasons why the subpoena is unreasonable and oppressive. This may include demonstrating how the requested documents are irrelevant, over broad, privileged, or would cause undue burden on the responding party. It is advisable to consult an experienced attorney who can help draft a strong and legally sound motion that supports the argument for quashing the subpoena.
