Sample Letter for Plaintiff's Motion for Protective Order, Motion to Quash, Objection to Notice of Deposition Ducks Cecum in South Dakota: [Your Name] [Your Address] [City, State, Zip Code] [Date] [Recipient's Name] [Recipient's Address] [City, State, Zip Code] Re: Case No. [Case Number] Plaintiff: [Plaintiff's Name] Defendant(s): [Defendant's Name(s)] Dear [Recipient's Name], I hope this letter finds you well. I am writing on behalf of the plaintiff in the above-mentioned case to inform you of our intention to file a Motion for Protective Order, Motion to Quash, and Objection to the Notice of Deposition Ducks Cecum served upon us by the defendant. 1. Motion for Protective Order: The plaintiff seeks a Protective Order to safeguard sensitive or confidential information from being disclosed, particularly during the discovery process. Our concern is that the defendant's requested depositions may include trade secrets, intellectual property, or personal information that warrants protection under South Dakota law. 2. Motion to Quash: The plaintiff respectfully requests the court to quash the notice of deposition duces tecum for several reasons. Firstly, we contend that the deposition notice was not properly served according to the South Dakota Rules of Civil Procedure. Secondly, the subpoena is unduly burdensome, oppressive, and overreaching, as it requests a vast array of documents that are not relevant to the current litigation. 3. Objection to the Notice of Deposition Ducks Cecum: In addition to the Motion to Quash, the plaintiff objects to the deposition notice on the grounds of relevancy and privacy concerns. The requested documents, as stated, are not essential for the proper resolution of this case and extend beyond the scope allowed by South Dakota law. We believe the defendant's intent is to obtain information unrelated to the claims being asserted, thereby causing unnecessary intrusion and disruption. In support of our motions and objections, we will be filing a brief memorandum of law, citing relevant statutory and case law authorities from South Dakota. We trust that this will further illustrate our position and bring clarity to the court. We kindly request that you reconsider the deposition notice, and in the event you fail to do so, we reserve the right to seek appropriate relief from the court, including cost and attorney fees incurred in connection with this matter. Please confirm receipt of this letter and inform us of your decision regarding the deposition notice within ten (10) business days from the date of this letter. Thank you for your attention to this matter. We look forward to resolving this dispute amicably and efficiently. Sincerely, [Your Name] [Your Title/Position] Keywords: South Dakota, sample letter, Plaintiff's Motion for Protective Order, Motion to Quash, Objection to Notice of Deposition Ducks Cecum, confidential information, discovery process, trade secrets, intellectual property, personal information, South Dakota Rules of Civil Procedure, relevancy, privacy concerns, memorandum of law, statutory law, case law, appropriate relief, cost and attorney fees, amicably, efficiently.
South Dakota Sample Letter for Plaintiff's Motion for Protective Order, Motion to Quash, Objection to Notice of Deposition Duces Tecum
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How to fill out South Dakota Sample Letter For Plaintiff's Motion For Protective Order, Motion To Quash, Objection To Notice Of Deposition Duces Tecum?
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FAQ
Before filing the motion, you must do two things: (1) serve written objections to the deposition notice; and (2) meet and confer with opposing counsel before filing the motion. If you file a motion to quash, the deposition is automatically stayed pending the court's ruling. (§ 2025.410(c).)
If the motion is filed by the third business day after service of the notice of deposition, an objection to the time and place of a deposition stays the oral deposition until the motion can be determined.
Examples of the usage of quash include "to quash a motion" or "quash evidence." The methods for quashing depend on the subject matter of the motion to quash. For example, Federal Rule of Civil Procedure 45 sets out the method for quashing a subpoena.
Subpoena duces tecum means ?a subpoena for the production of evidence? which requires the witness to produce documents, records, or other tangible objects for examination at a trial or hearing. Duces tecum in Latin means, ?you shall bring with you.?
Meaning of subpoenaing in English to order someone to go to a law court to answer questions: A friend of the victim was subpoenaed as a witness by lawyers representing the accused. [ + to infinitive ] They were subpoenaed to testify before the judge. to order that documents must be produced in a law court.
In most types of cases, for the deposition of a party to the case, you must provide at least 10 days' notice if personally served, and 15 days' notice if served by mail within California (California Code of Civil Procedure (CCP) § 2025.270(a), § 1013).
