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.
Ohio 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 lawsuit who believes that a subpoena issued against them is unfair, impractical, or burdensome. This motion aims to request the court to invalidate or modify the subpoena based on its unreasonableness and oppressive nature. The Ohio courts recognize that subpoenas should be used judiciously and not used to unduly burden or harass parties involved in the case. When a subpoena duces tecum is deemed unreasonable and oppressive, the recipient can file a motion to quash to protect their rights. There are different types of motions to quash subpoenas duces tecum in Ohio, which include: 1. Motion to Quash Subpoena Ducks Cecum for Over broad Request: This type of motion is filed when the subpoena requests an excessive amount of documents or information that is not relevant to the case. It argues that complying with such a broad request would be unduly burdensome or would invade the recipient's privacy. 2. Motion to Quash Subpoena Ducks Cecum for Vague or Ambiguous Language: If the subpoena is unclear or lacks specificity regarding the documents or information it seeks, the recipient can file a motion to quash on the grounds that it is impossible to comply with the subpoena due to its unclear instructions. 3. Motion to Quash Subpoena Ducks Cecum for Lack of Relevance: When the subpoenaed documents or information are not relevant to the issues being litigated in the case, the recipient can file a motion arguing that the subpoena should be quashed because it is not reasonably calculated to lead to the discovery of admissible evidence. 4. Motion to Quash Subpoena Ducks Cecum for Undue Burden: This type of motion is applicable when complying with the subpoena would place an undue burden on the recipient. This could include situations where it would require substantial time, effort, or expense to gather or produce the requested documents or information. 5. Motion to Quash Subpoena Ducks Cecum for Improper Service: If the subpoena was not properly served, meaning it was not delivered or served following the required legal procedures, the recipient can file a motion to quash on the grounds that the subpoena is invalid. It is crucial to consult with an attorney experienced in Ohio law to determine the specific requirements and procedures for filing a motion to quash a subpoena duces tecum on the grounds that it is unreasonable and oppressive. Each case may have unique circumstances that require tailored legal arguments to protect the rights and interests of all parties involved.
