Motion for Protective Order, Motion to Quash And Objection to Notice of Deposition Duces Tecum
Definition and meaning
The Motion for Protective Order, Motion to Quash and Objection to Notice of Deposition Duces Tecum is a legal request submitted by a party involved in litigation. This motion is used to protect a party from what they believe to be unreasonable discovery demands, specifically regarding the taking of depositions where documents are also requested. The purpose of this motion is to limit the scope of discovery and to address potential burdens imposed by the deposition notice.
How to complete a form
To effectively complete the Motion for Protective Order, follow these steps:
- Begin by filling in the case caption at the top, specifying the court, case number, and names of the parties.
- Clearly identify the Plaintiff by including their name where indicated.
- Fill out the body of the motion detailing your objections to the deposition notice, including reasons it is burdensome or unreasonable.
- Attach any supporting documents, such as the original notice of deposition, as exhibits.
- Sign and date the motion at the end and include your contact information.
Who should use this form
This form is intended for litigants who have received a deposition notice that they believe is inappropriate or unduly burdensome. Individuals or entities such as defendants or plaintiffs in a civil lawsuit may find it necessary to file this motion to protect their rights and limit unnecessary disclosure of information.
Legal use and context
The Motion for Protective Order falls within the context of civil procedure and is often used during the discovery phase of litigation. When an attorney believes that a notice for deposition, particularly one that requests documents (Subpoena Duces Tecum), imposes an unreasonable burden, they can seek a protective order from the court to prevent the deposition from occurring or to modify the terms outlined in the notice.
Key components of the form
Several key components are essential for a well-crafted motion:
- Case caption: Includes court information and case number.
- Introduction: States the purpose of the motion.
- Objections: Detailed section explaining why the deposition is unreasonable or burdensome.
- Relief sought: A clear request for the court's intervention, including any sought protective orders or requests to quash the notice.
- Signature and certification: The attorney's signature and a certification of service.
Form popularity
FAQ
Once a subpoena duces tecum is issued, the witness does not deliver the documents to the attorney that requested them. Rather, the documents and/or evidence are sent to the superior court judge presiding over the case. The judge then reviews them and decides if the defense or the prosecutor is entitled to them.
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.
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid.In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer.
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.
A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that the issuance of some court document like a subpoena was not done in a legal manner. For example, a party that receives improper service of process may file a motion to quash.
A motion to quash, by itself, does not stop the deposition. You will have to get the hearing advanced to a date before the deposition date.
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.
A motion to quash a subpoena duces tecum should be filed within ten (10) days after receiving the subpoena or before the time stated for compliance if that time is fewer than ten days.
(a) Subpoenas and subpoenas duces tecum shall be issued by the agency or presiding officer at the request of a party, or by the attorney of record for a party, in accordance with Sections 1985 to 1985.4, inclusive, of the Code of Civil Procedure.