Ohio Motion to Quash Deposition Subpoena Duces Tecum

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Multi-State
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US-PI-0042
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This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.

Ohio Motion to Quash Deposition Subpoena Ducks Cecum is a legal tool used in the state of Ohio to challenge or request the court to cancel or modify a subpoena duces tecum issued for a deposition. This motion is filed to protect the rights and interests of the involved parties by seeking relief from the production of specific documents or materials requested through the subpoena. Here are some relevant keywords and types of Ohio Motion to Quash Deposition Subpoena Ducks Cecum: 1. Ohio Legal Proceedings: This motion is a standard procedure within the Ohio legal system, allowing parties involved in a case to challenge or object to a deposition subpoena requesting the production of documents. 2. Deposition Subpoena: A subpoena is a formal legal document that requires the recipient to provide specific documents, materials, or testify under oath during a deposition. In this case, the motion focuses on the "duces tecum" aspect, which refers to the requested production of documents. 3. Motion to Quash: A "motion to quash" is a legal request asking the court to invalidate or cancel a subpoena. This motion asserts that the subpoena is invalid or imposes an undue burden on the subpoenaed party, thus requiring legal intervention. 4. Challenge or Modification: The Ohio Motion to Quash Deposition Subpoena Ducks Cecum can either challenge the entire subpoena or seek modification to limit the scope of the requested information. 5. Burden of Production: The motion may argue that the subpoena imposes an unreasonable burden on the subpoenaed party, as it requires extensive effort, time, and expenses in gathering and producing the requested documents or materials. 6. Over breadth: If the subpoena's scope is deemed excessively broad or extends beyond the needs of the case, the motion may challenge it on grounds of over breadth. The objective is to narrow down the scope to only the most essential and relevant documents. 7. Privileged Information: The Ohio Motion to Quash Deposition Subpoena Ducks Cecum may assert that the requested documents contain privileged or confidential information, such as attorney-client communications, that should be protected from disclosure. 8. Good Cause: The motion must demonstrate "good cause" for quashing the subpoena, typically meeting the legal criteria set by Ohio statutes or case law. Good cause may include lack of relevance, hardship, or constitutional rights infringement. Overall, the Ohio Motion to Quash Deposition Subpoena Ducks Cecum plays a crucial role in protecting the rights and interests of parties involved in Ohio legal proceedings. It allows an opportunity to challenge or modify subpoenas that may impose an undue burden on the involved parties or request the production of overly broad or privileged information.

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FAQ

Rule 41 (a) (I) allows a plaintiff to dismiss his action without court order at any time before service by the adverse party of an answer or of a motion for summary judgment. Lower federal court decisions are in conflict over what constitutes an answer or a motion for summary judgment under this rule.

A search warrant may be issued under this rule to search for and seize any: (1) evidence of the commission of a criminal offense; or (2) contraband, the fruits of crime, or things otherwise criminally possessed; or (3) weapons or other things by means of which a crime has been committed or reasonably appears about to ...

If a plaintiff who has once dismissed a claim in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the claim previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff ...

Ohio Civil Rule 41(A) provides several methods for a plaintiff to dismiss a case. When a plaintiff dismisses a case without prejudice, typically that is done by filing a notice of dismissal.

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time ...

Motions to quash shall be filed with the board and served upon the opposing party prior to a hearing. Unless a motion to quash has been granted, a witness shall attend the hearing to which he or she was subpoenaed subject to the provisions contained within paragraph (C) of this rule.

If a plaintiff who has once dismissed a claim in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the claim previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff ...

At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the hearing or trial is held. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within this state.

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A civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing upon a named defendant, or upon an ... Rule 45 - Subpoena (A)Form; issuance; notice (1) Every subpoena shall do all of the following: (a) State the name of the court from which it is issued, ...Jun 15, 2014 — (2) To receive expedited treatment, a motion for a subpoena and the subpoena itself should first be submitted in person to the attorney examiner ... The OPD filed its Motion to Quash under Rule 45 of the Federal Rules of Civil Procedure. Rule 45(a)(2) applies to a subpoena for production of documents. It ... (3) ON TIMELY MOTION, THE COURT FROM WHICH THE SUBPOENA WAS ISSUED SHALL QUASH OR MODIFY THE SUBPOENA, OR. ORDER APPEARANCE OR PRODUCTION ONLY UNDER ... To file a Motion to Quash, send it directly to the judge who is hearing the case. (If you are not sure who that is, contact the clerk of the court where the ... A motion to quash a subpoena duces tecum in a grand jury proceeding must include a statement of facts and grounds in support of the objection to the subpoena. (3) On timely motion. the Court from which the subpoena was issued shall quash or modify the subpoena. or order appearance or production only under ... Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this civil action. Jan 1, 2018 — The Ohio Attorney General's office had filed a motion to quash the subpoena on the grounds of what is referred to as an executive process ...

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Ohio Motion to Quash Deposition Subpoena Duces Tecum