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.
In Oregon, a motion to quash subpoena duces tecum on the grounds that the subpoena is unreasonable and oppressive is a legal action taken by a party who believes that the requested documents or materials are overly burdensome or unjustifiable. A motion to quash subpoena duces tecum is filed in order to challenge the validity of the subpoena and request that it be rendered unenforceable. This type of motion is commonly used when a party believes that the subpoena is unduly burdensome, irrelevant, or seeks information protected by privilege. By filing this motion, the party seeks to protect their rights and prevent an unfair or unjust outcome. The grounds for filing a motion to quash subpoena duces tecum on the basis of unreasonableness and oppression could include: 1. Over broad Scope: If the documents requested in the subpoena are not relevant to the issues at hand or if the request extends beyond reasonable boundaries, it may be argued that the subpoena is overly broad. 2. Undue Burden: If complying with the subpoena would place an undue burden on the responding party, such as significant time, cost, or disruption to their normal business operations, it may be argued that the subpoena is oppressive. 3. Protected Information: If the subpoena seeks information protected by privilege, such as attorney-client privilege or trade secrets, it may be argued that the subpoena is unreasonable and oppressive. Different types of Oregon motions to quash subpoena duces tecum may include: 1. Motion to Quash Subpoena Ducks Cecum on the Grounds of Over breadth: This type of motion challenges the broad scope of the requested documents, arguing that the subpoena goes beyond what is reasonably necessary or relevant. 2. Motion to Quash Subpoena Ducks Cecum on the Grounds of Undue Burden: This type of motion asserts that complying with the subpoena would impose an unreasonable burden on the responding party, requiring excessive time, effort, or expense. 3. Motion to Quash Subpoena Ducks Cecum on the Grounds of Privilege: This type of motion argues that the requested documents are protected by privilege, such as attorney-client privilege, and should not be disclosed. In conclusion, an Oregon motion to quash subpoena duces tecum on the grounds that the subpoena is unreasonable and oppressive is a legal action taken to challenge the validity and enforceability of a subpoena. It aims to protect the party from an undue burden, over broad scope, or the disclosure of privileged information. Different types of motions may specifically focus on over breadth, undue burden, or privilege.
