This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
New Mexico Motion to Quash Deposition Subpoena Duces Tecum
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State:
Multi-State
Control #:
US-PI-0042
Format:
Word;
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How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
The person who receives a subpoena to produce items or permit inspection of premises need not appear in person at the designated time and place unless that person is also commanded in the subpoena to appear for a deposition, trial or hearing. Rule 1-045(C)(2) NMRA .
Do I get paid to have my deposition taken? If you are a party to the case, you do not get the witness fee. If you are a fact witness, then you are entitled to the standard witness fee of $95 in New Mexico. If you are an expert witness, then are you entitled to be paid your usual fee for testifying.
A court might, upon a proper motion, quash a subpoena duces tecum if the agency did not have the power to issue the subpoena, the materials sought are not relevant to an authorized investigation, and the items sought are not described with particularity and definiteness, as required by the Fourth Amendment of the U.S. ...
1-003.3. A certification of pre-filing notice, substantially in the form approved by the Supreme Court as Form 4-227 NMRA, shall be submitted with any complaint initiating a foreclosure action.
(1) Any party may move to dismiss the action, or any counterclaim, cross-claim or third-party claim with prejudice if the party asserting the claim has failed to take any significant action to bring such claim to trial or other final disposition within two (2) years from the filing of such action or claim.
A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the ?discovery process? before trial and may not be used in an actual court hearing.
In the legal system, a motion to quash a warrant means you want to void the warrant. New Mexico allows defendants to file a motion to suppress evidence no less than 60 days before trial.