A Tennessee Motion to Quash Deposition Subpoena Ducks Cecum is a legal document filed by a party to a lawsuit in Tennessee. It seeks to challenge or invalidate a subpoena duces tecum, which is a written order that compels a person or entity to produce specific documents or evidence for use in a legal proceeding. This motion raises objections and requests the court to quash or dismiss the subpoena. Keywords related to this topic could include: 1. Tennessee: This motion pertains to the legal procedures and rules specific to the state of Tennessee. 2. Motion to Quash: It refers to the formal request made by a party to cancel or invalidate a subpoena. 3. Deposition: A deposition is a legal proceeding wherein a witness or a party involved in a lawsuit gives testimony under oath, usually outside the courtroom. The deposition may require the production of documents relevant to the case. 4. Subpoena Ducks Cecum: This Latin term refers to a type of subpoena that commands the recipient to produce specific documents or evidence for review and use in court. Types of Tennessee Motions to Quash Deposition Subpoena Ducks Cecum might include: 1. Improper Service: The motion may challenge the validity of the subpoena based on incorrect or improper service. For example, if the subpoena was not served in accordance with Tennessee's legal requirements, it can be considered defective and subject to dismissal. 2. Over broad or Irrelevant Requests: The motion may argue that the subpoena requests documents or evidence that are not relevant to the case or seek information that is protected by attorney-client privilege, work-product doctrine, or other applicable legal protections. 3. Undue Burden: This type of motion asserts that the production of documents or evidence requested by the subpoena would impose an undue burden on the party receiving the subpoena. Such burden could be financial, time-consuming, or requiring an extensive search for the requested materials. 4. Confidentiality or Privilege: The motion may contend that the subpoena infringes on the party's rights to confidentiality or legal privileges, such as doctor-patient or attorney-client privilege. It might argue that the requested documents are protected and should not be compelled to be disclosed. 5. Lack of Relevance: This type of motion asserts that the documents or evidence sought by the subpoena are not relevant to the issues in the case and would not contribute to the discovery process or assist in determining the truth. It is important to consult an attorney or a legal professional to understand the specific requirements and procedures for filing a Tennessee Motion to Quash Deposition Subpoena Ducks Cecum in accordance with state and local laws.
Tennessee Motion to Quash Deposition Subpoena Duces Tecum
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How to fill out Tennessee Motion To Quash Deposition Subpoena Duces Tecum?
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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. ...
A subpoena may command a person to produce and permit inspection, copying, testing, or sampling of designated books, papers, documents, electronically stored information, or tangible things, or inspection of premises with or without commanding the person to appear in person at the place of production or inspection.
If a person served with a subpoena wishes to challenge it for any reason, a motion to quash or modify must be filed within fourteen days of service, unless the time for compliance is less than fourteen days from the date of service, in which event the motion to quash or modify must be filed before the date and time ...
(1) At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the action is pending, and such a subpoena may be served at any place within the state.
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.
Rule 45.01 is amended to ensure that persons served with subpoenas receive adequate notice, simultaneously with service, that, as provided for in Rule 45.07, the failure to file a motion to quash or modify within fourteen days of service of the subpoena will result in the waiver of the right to seek relief from the ...
In all actions tried upon the facts without a jury, the court shall find the facts specially and shall state separately its conclusions of law and direct the entry of the appropriate judgment. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court.
The subpoena power of Tennessee Rule of Civil Procedure 45.02 allows a party pending litigation to ?command? a non-party to produce documents, papers, and records (including electronic data).