Federal District Court form.
New Mexico AO-89 Subpoena in a Criminal Case - Federal District Court Official Form
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Objections, Motions, and Response Whether the subpoena is issued from state or federal court, your client must do one or more of the following: (1) serving objections; (2) filing a motion to quash or modify the sub- poena or for protection from compliance; or (3) simply complying with the terms of subpoena, unless the ...
Review the subpoena: carefully review the subpoena and identify the reasons why you believe it is invalid. For example, the subpoena may be overly broad, it may seek information that is not relevant to the case, or it may not comply with the legal requirements for subpoenas in Texas.
If you are unwilling to testify before the grand jury for any reason, you may hire an attorney to challenge the subpoena. The attorney will file a motion to quash the subpoena. The judge will then hear reasons why the subpoena should be quashed. One reason that a subpoena may be quashed is that it is overly broad.
A motion to quash service in Texas argues a defect in the citation issued by the court. If allowed, the judge must dismiss the current lawsuit. However, the plaintiff could file a new case or ask the court for permission to issue a corrected citation.
A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena designates. The court may direct the witness to produce the designated items in court before trial or before they are to be offered in evidence.
Rule 17 of the Federal Rules of Criminal Procedure deals with subpoenas. Subdivision (f)(2) as proposed by the Supreme Court provides: The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court.
Some common reasons that a subpoena is quashed include: Overbroad Subpoena. A subpoena is overbroad when it requests records that are not relevant to the instant case. ... Overly Burdensome Subpoena. ... Out of State Process Errors.