Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive
Definition and meaning
A Motion to Quash Subpoena Duces Tecum is a legal request made by a defendant to a court, asking the court to nullify or invalidate a subpoena. A subpoena is a legal document that orders a person to produce documents or evidence for a legal proceeding. The term Duces Tecum refers specifically to a subpoena that demands the production of documents or records. This motion is typically filed on the grounds that the subpoena is unreasonable or oppressive and may violate the defendant's rights.
Who should use this form
This form is particularly relevant for defendants in legal proceedings who have received a subpoena Duces Tecum that they believe is unfairly burdensome. Individuals or entities being requested to produce documents that are irrelevant, excessive, or not pertinent to the case may utilize this motion. Legal representatives, including attorneys for defendants, may also file this motion on behalf of their clients when they believe that quashing the subpoena is necessary to protect their interests.
Legal use and context
A Motion to Quash Subpoena Duces Tecum is often filed in response to subpoenas issued during the discovery phase of litigation. This phase allows parties to gather evidence. If a defendant believes a subpoena is unreasonable—meaning it requests excessive information or documents that do not relate to the case—they can file this motion. The court will then assess the validity of the subpoena and determine whether it should be enforced or quashed based on its reasonableness and relevance.
Key components of the form
When completing the Motion to Quash, it is essential to include the following components:
- Name of the court: Indicate the court where the motion is being filed.
- Case information: Include relevant details like the names of the parties involved and the case number.
- Date of subpoena: Mention the date when the subpoena was served.
- Affidavit: Attach an affidavit that supports the motion, clarifying why the subpoena is deemed unreasonable or oppressive.
- Signature: Ensure that the motion is signed by the attorney representing the defendant.
Common mistakes to avoid when using this form
When filing a Motion to Quash, consider avoiding the following common mistakes:
- Incomplete information: Ensure that all required sections of the form are fully filled out, including case details and signatures.
- Failure to attach supporting documents: Include necessary affidavits or evidence that justify the request to quash the subpoena.
- Ignoring deadlines: Be mindful of any deadlines for filing the motion following receipt of the subpoena.
- Using vague language: Clearly articulate the reasons why the subpoena is unreasonable or oppressive to strengthen the motion.
What to expect during notarization or witnessing
If the motion requires notarization, expect the following steps:
- Bring Identification: Present valid identification to the notary.
- Review the Document: Ensure you understand the content of the motion before signing it in the presence of the notary.
- Signing in Presence of Notary: Sign the document in front of the notary, who will then affix their seal and signature to validate it.
- Keep Copies: Retain copies of the notarized documents for future reference.
Benefits of using this form online
Utilizing an online template for the Motion to Quash Subpoena Duces Tecum offers several advantages:
- Accessibility: Users can access the form from anywhere at any time.
- Time-saving: Filling out forms online can reduce the time spent in preparation and filing.
- Guided Completion: Online platforms often provide instructions and tips for completing the form correctly.
- Document Review: Users may have the option for their forms to be reviewed by legal professionals before submission.
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FAQ
Consider Engaging an Attorney. Businesses: Notify Anyone Else of Importance. Identify all individuals who have responsive documents. Instruct individuals on how to search for and collect documents. Comply with the subpoena and provide the requested documents. Object to the subpoena. Move to quash the subpoena.
They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.
Ii. A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
Whether you've received a subpoena to appear as a witness or a subpoena duces tecum, it's never a good idea to simply ignore the subpoena. If you ignore a subpoena, a judge could hold you in criminal contempt and punish you accordingly.The judge can impose fines or order the person jailed for up to six months.
Under HIPAA, any subpoena duces tecum that is not accompanied by a court order must contain a written statement and accompanying documentation demonstrating that the requesting party made reasonable efforts to (1) notify the patient whose records are being requested, or (2) secure a qualified protective order.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. 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.
File a motion to quash the subpoena; Serve written objections to the document request; and/or. Seek a protective order to protect you from unreasonable demands or the invasion of your privacy.
In addition to objecting, you can file a "motion to quash" the subpoena. Once you object, you have responded to the subpoena for the time being. The burden then shifts to the party sending the subpoena to resolve the objections, including use of a court hearing if necessary.
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.