This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Oregon Motion to Quash Deposition Subpoena Duces Tecum
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Multi-State
Control #:
US-PI-0042
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Word;
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How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
The party served with the subpoena duces tecum must then appear in court on the date and time specified with the requested information and turn it over directly to the presiding judge.
A motion to quash a subpoena must be presented in writing to the administrative law judge, with service on the agency and any other party in the manner required by OAR 137-003-0520 (Filing and Providing Copies of Documents in Contested Case).
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the ?discovery process? before trial and may not be used in an actual court hearing.
Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests. Insufficient time to reply. Disclosure of privileged or confidential information. Disclosure of trade secrets. Undue burden or expense. Inaccessible data.
A subpoena duces tecum commands a person to appear and testify and also requires the person to bring documents or other physical evidence to the hearing. Any party may request a subpoena be issued if the witness is relevant to an issue within the scope of the hearing.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974).