Nevada Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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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 Nevada 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 challenge the validity of a subpoena requesting the production of certain documents or evidence. This type of motion is typically filed when the party believes that the subpoena is overly burdensome, seeks irrelevant information, or is being used as a form of harassment or intimidation. In Nevada, there are different types of motions to quash a subpoena duces tecum on the grounds that the subpoena is unreasonable and oppressive. These include: 1. Motion to Quash Based on Privilege: This motion is filed when the party believes that the documents or evidence sought by the subpoena are protected by a legally recognized privilege, such as attorney-client privilege, doctor-patient privilege, or spousal privilege. 2. Motion to Quash Based on Over breadth: This motion is filed when the party argues that the subpoena is requesting documents or evidence that are not relevant to the issues at hand in the case or is seeking an excessive amount of information that goes beyond what is necessary. 3. Motion to Quash Based on Undue Burden: This motion is filed when the party asserts that complying with the subpoena would impose an undue burden on them, either financially or in terms of time and resources. 4. Motion to Quash Based on Harassment or Intimidation: This motion is filed when the party believes that the subpoena is being used as a means to harass or intimidate them, rather than for legitimate discovery purposes. To file a Nevada Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, the party must typically provide a detailed explanation of why they believe the subpoena should be quashed. This may include specific reasons why the subpoena is unreasonable, oppressive, over broad, or abusive. The motion should be supported by legal arguments, relevant case law, and any evidence that supports the party's position. It is important to note that each case is unique, and the specific legal requirements and procedures may vary. Consulting with an experienced attorney in Nevada who specializes in civil litigation or discovery matters is highly recommended when preparing and filing a Motion to Quash Subpoena Ducks Cecum.

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A subpoena must be issued by the clerk under the seal of the court. It must state the name of the court and the title, if any, of the proceeding, and must command each person to whom it is directed to attend and give testimony at the time and place specified therein.

On timely motion, the court that issued a subpoena must quash or modify the subpoena if it: (i) fails to allow reasonable time for compliance; (ii) requires a person to travel to a place more than 100 miles from the place where that person resides, is employed, or regularly transacts business in person, unless the ...

?Subpoenas? in Nevada criminal cases (NRS 174.305 ? . 385) Nevada criminal judges issue subpoenas to compel witnesses to come to court to testify. Nevada criminal judges can also issue ?subpoenas duces tecums? to compel people to bring to court certain documents and other materials relevant to the case.

If an objection is made: (i) the party serving the subpoena is not entitled to inspect, copy, test, or sample the materials or tangible things or to inspect the premises except by order of the court that issued the subpoena; (ii) on notice to the parties, the objecting person, and the person commanded to produce or ...

If you don't go to court when you are supposed to, the judge can charge you with contempt of court and issue a warrant for your arrest. Ask the lawyer who subpoenaed you if you are eligible to apply for witness expense assistance.

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).

Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented.

Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests. Insufficient time to reply. Disclosure of privileged or confidential information. Disclosure of trade secrets. Undue burden or expense. Inaccessible data.

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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. If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as set out in the subpoena, must be listed in the notice ...On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive. (3) Subpoena for Personal or Confidential ... On timely motion, the court that issued a subpoena must quash or modify the subpoena if it: (i) fails to allow reasonable time for compliance; (ii) requires a ... The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive.3. The court may direct that books ... With the provision for relief from an oppressive or unreasonable subpoena duces tecum, compare N.Y.C.P.A. (1937) §411. Note to Subdivision (c). Feb 10, 2022 — If an objection or motion to quash is made, the party issuing the subpoena must get a court order to compel the person's compliance. Failure to ... Feb 8, 2023 — My colleagues and I have conferred with opposing counsel in a good faith effort to resolve by agreement the issues raised by the attached motion ... 45.02: Upon motion the court may quash or modify a subpoena duces tecum if it is unreasonable or oppressive and may require the party issuing the subpoena to ... Feb 5, 2009 — official to attend a deposition, the burden is on the movant to show that the subpoena duces tecum is unreasonable or oppressive. Page 2 ...

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Nevada Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive