This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Motion to Quash Deposition Subpoena Duces Tecum
Category:
State:
Multi-State
Control #:
US-PI-0042
Format:
Word;
Rich Text
Instant download
Description
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Key Concepts & Definitions
Motion to Quash Deposition Subpoena Duces Tecum: A legal motion filed in court to nullify a deposition subpoena that commands the production of documents, objects, or other types of evidence. The motion argues that the subpoena should be dismissed due to its excessive demands or lack of relevance.
Step-by-Step Guide to Filing a Motion to Quash
- Review the Subpoena: Examine the deposition subpoena duces tecum to understand why it may be objectionable or unreasonable.
- Consult Plaintiffs Counsel: Discuss the implications with the plaintiff's counsel, particularly if the subpoena intrudes on privacy or lacks a substantial need.
- Prepare the Motion: Draft a motion quash detailing the issues with the subpoena and the legal justification for quashing it. Mention specific rules of civil procedure that support your case.
- File the Motion: Submit the filing motion in the issuing court, making sure to follow local rules and timelines.
- Attend the Hearing: Be prepared to argue your case in court, emphasizing points such as lack of substantial need or burden of request.
Risk Analysis
- Legal Consequences: Failure to adequately justify a motion to quash can result in compulsory compliance with the subpoena.
- Financial Implications: Incorrect filing or lost motions could lead to cost implications including legal fees and fines.
- Reputational Damage: Poor handling can negatively affect client trust and business reputation.
Best Practices
- Understand Legal Grounds: Thoroughly understand the rules of civil procedure related to subpoenas and quashing motions.
- Communication: Maintain clear and constant communication with all parties involved, especially plaintiffs counsel.
- Document Everything: Keep detailed records of all communications and filings pertaining to the motion.
Common Mistakes & How to Avoid Them
- Mistiming the Filing: Avoid filing late by understanding and adhering to the local court schedules and deadlines.
- Inadequate Rationale: Ensure your motion is comprehensive and well-supported by legal precedents and an understanding of Mrs. Lebed's case specifics, if applicable.
- Neglecting Expert Advice: Always consult with legal experts or attorneys who specialize in civil procedure to reinforce your motion's validity.
How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
Providing objections suspends your obligation to comply with the subpoena until or unless a court orders compliance, or you reach an agreement with the party that served you with the subpoena. If you do not wish to comply with the subpoena, you may file a motion to quash it before the date set forth on the subpoena.
3. Any non-party who has been served with a business records subpoena may bring a motion to quash. Note, however, that some case law holds that a non-party may simply serve written objections and is not required to bring a motion to quash. The discovery rules do not discriminate against nonparty deponents.
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 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.
This gives the patient (or other parties in the case) time to file a Motion to Quash (i.e., to request that the judge disallow the discovery of these documents as potential evidence in the case).
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.
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.