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 motion to quash subpoena duces tecum is a legal document filed in New York state courts to request the court's dismissal of a subpoena on the grounds that it is unreasonable and oppressive. This motion aims to protect individuals or organizations from intrusive or burdensome requests for the production of documents or other tangible items in a legal proceeding. In New York, there are multiple types of motions to quash subpoena duces tecum on the grounds that the subpoena is unreasonable and oppressive. Some of these include: 1. Motion to quash based on undue burden: This type of motion argues that complying with the subpoena would cause significant hardship or burden to the responding party. It could involve demonstrating that the requested documents are not relevant to the case or demonstrating that producing the requested materials would require excessive time, effort, or expense. 2. Motion to quash based on privacy concerns: This motion asserts that the subpoena seeks materials that are private or confidential, and their disclosure would infringe upon the individual or organization's privacy rights. It may involve arguing that the information sought is protected by attorney-client privilege or constitutes trade secrets. 3. Motion to quash based on over breadth: This type of motion alleges that the subpoena requests a broad range of documents that are not reasonably calculated to lead to admissible evidence. It challenges the scope of the subpoena in relation to the issues at hand in the case. 4. Motion to quash based on improper service: This motion asserts that the subpoena was not properly served on the responding party, violating procedural requirements and rendering it invalid. It may also challenge procedural deficiencies that make the subpoena defective. 5. Motion to quash based on lack of good faith: This type of motion argues that the party seeking the subpoena is doing so for improper or ulterior motives, such as harassment, intimidation, or in an attempt to gain an unfair advantage. It requires presenting evidence to support the claim of bad faith. When filing a New York motion to quash subpoena duces tecum on the grounds that the subpoena is unreasonable and oppressive, it is crucial to consult with a qualified attorney familiar with the state's laws and procedures. The attorney will help craft the motion, gather supporting evidence, and argue persuasively for the court's dismissal of the subpoena.
