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Rhode Island Memorandum in Support of Defendant's Motion to Quash...

Rhode Island Memorandum in Support of Defendant's Motion to Quash Subpoena Duces Tecum

Name: Rhode Island Memorandum in Support of Defendant's Motion to Quash Subpoena Duces Tecum
Brand: US Legal Forms
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Category:

Rhode Island Court Samples - Real Estate - Foreclosures - Sample Case 1

State:

Rhode Island

Control #:

RI-MC-106-10

Format:

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Description

A10 Memorandum in Support of Defendant's Motion to Quash Subpoena Duces Tecum

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How to fill out Rhode Island Memorandum In Support Of Defendant's Motion To Quash Subpoena Duces Tecum?

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FAQ

After the motion to quash is filed, the court will review the case and make its determination. For example, if the judge grants a motion to quash service, then the service on the defendant would be considered void. A motion to quash that is approved would also invalidate any applicable decisions from a lower court.

If you want to take the risk, save the money you would have spent on a motion to quash (lawyers often charge from $2,000 to more than $3,000) and instead use it to settle the case if: a) you are served a summons and complaint, or b) you are actually targeted in an individual lawsuit against you.

If the accused has been arrested, with or without warrant, he may file MOTION TO QUASH the arrest or to RECALL the same, on the ground that the same has been illegally made or that there is no probable cause. 4.

A motion to quash a subpoena duces tecum should be filed within ten (10) days after receiving the subpoena or before the time stated for compliance if that time is fewer than ten days.

Any employee whose employment records are sought by a subpoena duces tecum may bring a motion to quash. Note that non-party employees may object to a subpoena by serving written objections. 3. Any non-party who has been served with a business records subpoena may bring a motion to quash.

3. Any non-party who has been served with a business records subpoena may bring a motion to quash. Note, however, that some case law holds that a non-party may simply serve written objections and is not required to bring a motion to quash. The discovery rules do not discriminate against nonparty deponents.

A motion to quash, by itself, does not stop the deposition. You will have to get the hearing advanced to a date before the deposition date.

A court will usually grant a motion and quash a subpoena if it (i) does not allow you a reasonable time to respond (depending on the jurisdiction, a minimum of 10-14 days); (ii) requires that you produce documents at a location more than 100 miles away; (iii) subjects you to undue burden (i.e., excessive time,

Rhode Island Memorandum in Support of Defendant's Motion to Quash Subpoena Duces Tecum

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When must a motion to quash a subpoena be filed?

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Does a motion to quash stay a deposition?

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