Motion for Protective Order, Motion to Quash And Objection to Notice of Deposition Duces Tecum
Understanding this form
The Motion for Protective Order, Motion to Quash and Objection to Notice of Deposition Duces Tecum is a legal document used to request that the court limit or prevent certain depositions in a legal case. This form is essential when a party believes the deposition requests are unreasonable or burdensome. Unlike standard deposition notices, this motion serves to formally object to the conditions set forth in the subpoena and seeks court protection against such requirements.
Key parts of this document
- Identification of the parties involved in the motion.
- Details of the deposition notice being objected to, including dates and times.
- Arguments supporting the request for a protective order and to quash the subpoena.
- Notice of service to ensure all parties received the motion.
- Signature and date for submission to the court.
When to use this form
This form is used when a party wants to challenge a notice to take depositions, particularly when the notice is deemed unreasonable or issued without proper notice. Situations may include instances where experts or witnesses cannot be available on short notice, or when the requests are overly broad or burdensome. It is particularly applicable when the issuance of the notice includes issues such as lack of proper formatting or failure to comply with local jurisdictional rules.
Who this form is for
- Plaintiffs or defendants in civil litigation who have been served with a notice of deposition.
- Attorneys representing parties who wish to limit deposition requests for their clients.
- Any party that believes depositions are being requested in a manner that does not comply with legal standards.
Completing this form step by step
- Identify the parties involved in the case and write their names in the designated spaces.
- Clearly outline the reasons for filing the motion, including specifics about the deposition notice.
- Attach a copy of the original Notice to Take Depositions Duces Tecum as Exhibit A.
- Include a requested date for the court hearing on the motion.
- Sign the form and include the date of filing.
Notarization guidance
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Mistakes to watch out for
- Failing to attach the original notice as an exhibit.
- Not providing sufficient detail about why the notice is burdensome.
- Ignoring state-specific rules that could affect the motion's validity.
Benefits of completing this form online
- Convenience of downloading and filling out the form from home.
- Editability allows users to customize the form for their specific circumstances.
- Reliability of being drafted by licensed attorneys, ensuring legal compliance.
State-specific compliance details
This is a general form suitable for multiple states. Review and modify it as needed to reflect your jurisdiction’s rules.
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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.