Texas Motion to Quash Deposition Subpoena Duces Tecum

State:
Multi-State
Control #:
US-PI-0042
Format:
Word; 
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Description

This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
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FAQ

If you aren't comfortable complying, you have the option to either file an objection or a motion to quash or modify the subpoena. A motion to quash asks the court to declare the subpoena invalid.

A subpoena is a court order telling an individual to appear in court in person and testify. Similarly, a subpoena duces tecum is an order for a witness to bring something to court ? such as documents, a child, or evidence. This is true in both state and federal courts.

Review the subpoena: carefully review the subpoena and identify the reasons why you believe it is invalid. For example, the subpoena may be overly broad, it may seek information that is not relevant to the case, or it may not comply with the legal requirements for subpoenas in Texas.

A party that moves to quash a subpoena must serve the motion on the other party at the time the motion is filed with SOAH. (b) A party may seek an order from the judge at any time after the motion to quash or motion for protective order has been filed.

A motion to quash service in Texas argues a defect in the citation issued by the court. If allowed, the judge must dismiss the current lawsuit. However, the plaintiff could file a new case or ask the court for permission to issue a corrected citation.

A motion to quash asks the court to confirm that you don't have to respond to a discovery request. In this case, the motion asks the court to confirm that you don't have to respond to discovery you received before the deadline for initial disclosures.

A motion to quash asks the court to confirm that you don't have to respond to a discovery request. You can file a motion to quash to challenge a discovery request.

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Texas Motion to Quash Deposition Subpoena Duces Tecum