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Subpoena duces tecum means ?a subpoena for the production of evidence? which requires the witness to produce documents, records, or other tangible objects for examination at a trial or hearing. Duces tecum in Latin means, ?you shall bring with you.?
Before filing the motion, you must do two things: (1) serve written objections to the deposition notice; and (2) meet and confer with opposing counsel before filing the motion. If you file a motion to quash, the deposition is automatically stayed pending the court's ruling. (§ 2025.410(c).)
If the motion is filed by the third business day after service of the notice of deposition, an objection to the time and place of a deposition stays the oral deposition until the motion can be determined.
Meaning of subpoenaing in English to order someone to go to a law court to answer questions: A friend of the victim was subpoenaed as a witness by lawyers representing the accused. [ + to infinitive ] They were subpoenaed to testify before the judge. to order that documents must be produced in a law court.
Section 2941.54 | Motion to quash indictment. A motion to quash may be made when there is a defect apparent upon the face of the record, within the meaning of sections 2941.02 to 2941.35, inclusive, of the Revised Code, including defects in the form of indictment and in the manner in which an offense is charged.
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. ...
In most types of cases, for the deposition of a party to the case, you must provide at least 10 days' notice if personally served, and 15 days' notice if served by mail within California (California Code of Civil Procedure (CCP) § 2025.270(a), § 1013).
An objection at the time of the examination?whether to evidence, to a party's conduct, to the officer's qualifications, to the manner of taking the deposition, or to any other aspect of the deposition?must be noted on the record, but the examination still proceeds; the testimony is taken subject to any objection.