South Carolina Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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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.

South Carolina Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is an important legal document used in South Carolina courts to challenge a subpoena duces tecum that is deemed to be unjust, oppressive, or burdensome. This affidavit serves as a formal written statement made under oath, in which the affine provides detailed reasons and supporting evidence to demonstrate why the subpoena should be quashed. In South Carolina, there may be different types of affidavits in support of a motion to quash a subpoena duces tecum, depending on the specific circumstances and grounds for challenging the subpoena. Some of these variations may include: 1. South Carolina Affidavit in Support of Motion to Quash Subpoena Ducks Cecum Due to Over breadth: This type of affidavit is filed when the affine believes that the subpoena demands the production of documents or information beyond what is relevant and necessary for the case at hand. 2. South Carolina Affidavit in Support of Motion to Quash Subpoena Ducks Cecum Based on Privileged Information: This type of affidavit is used when the affine argues that the subpoena seeks documents or information protected by attorney-client privilege, doctor-patient confidentiality, or any other recognized privilege. 3. South Carolina Affidavit in Support of Motion to Quash Subpoena Ducks Cecum Due to Lack of Relevance: This affidavit is filed when the affine asserts that the subpoena's demands are not germane to the core issues of the case or are unrelated to the subject. 4. South Carolina Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds of Unreasonable Burden: This type of affidavit is utilized when the affine claims that complying with the subpoena would place an excessive burden on them, such as in cases involving voluminous, confidential, or hard-to-retrieve documents. When drafting a South Carolina Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, it is essential to carefully articulate the legal arguments and evidentiary support to persuade the court that the subpoena should be quashed. An experienced attorney knowledgeable in South Carolina civil procedure can provide guidance and ensure accuracy in crafting this critical legal document.

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FAQ

The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question. When a motion to quash is filed, the court will review the arguments and evidence presented by the party filing the motion, as well as any opposing arguments.

One method of responding to a subpoena is to file what is known as a ?Motion to Quash.? A ?motion? is a written document directed to the judge in the case asking the judge to take some action for the reasons stated in the motion. ?Quash? is a legal term meaning to terminate, reject or void.

Undue Burden. Rule 45(d)(1) requires parties issuing a subpoena to ?take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.? Fed. R. Civ. P. 45(d)(1).

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. ...

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.

If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.

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. See California Code of Civil Procedure Section 1985.

Time to Object Under FRCP 45(d)(2)(B) Absent an agreement or court order stating otherwise, a subpoena recipient must serve any written objections on the party or attorney designated in the subpoena before the earlier of: The subpoena's return date (which issuing counsel sets). 14 days after the subpoena is served.

(1) A subpoena may be served by any person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made in the same manner prescribed for service of a summons and complaint in Rule 4(d) or (j).

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First, (c)(2)(A)(ii) requires the appropriate court to quash or modify a subpoena on several grounds. Second, a non-party subpoena can only be issued and ... When the affidavit is filed with the court, the surety must also file a motion ... A subpoena duces tecum may be issued in accordance with subsection (a) or (b) ...R. Crim. P. 17(c) allows the court in a criminal proceeding to quash a subpoena duces tecum that it determines to be unreasonable or oppressive. A subpoena must state the court's name and the title of the proceeding, include the seal of the court, and command the witness to attend and testify at the time ... A person commanded by a subpoena duces tecum to produce items may test the relevancy and materiality (but not the admissibility) of the designated items by ... Motions to Modify or Quash a Subpoena Duces Tecum. A person commanded by a subpoena duces tecum to produce items may test the relevancy and materiality (but ... Nov 16, 1972 — In an affidavit dated February 8,1973, Wallace. Edward Brand, an attorney representing Justice in this proceeding, averred that he believed ... On January 8, 2002, Petitioner filed a motion to quash the subpoena duces tecum on the grounds that a saliva sample for DNA testing is an invasive procedure ... May 6, 2013 — Based on equitable factors, the Subpoena should be quashed as the parties have the information in their possession or are in the more likely ... Jun 14, 2013 — An administrative subpoena is summarily enforceable if the subpoena is within the agency's authority, it seeks information reasonably relevant ...

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South Carolina Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive