Vermont Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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US-02675BG
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Description

A motion to quash asks the judge for an order setting aside or nullifying an action, such as "quashing" service of a summons.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A Vermont Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed in Vermont courts to challenge the validity of a subpoena duces tecum. This motion is typically employed when the party being summoned believes that the subpoena is unfairly burdensome, oppressive, or lacks justification. By filing this motion, the party seeks to have the subpoena dismissed or modified. Vermont recognizes various types of motions to quash subpoenas duces tecum on the grounds mentioned above. Some of these may include: 1. General Motion to Quash: A motion in which the party argues that the subpoena is unreasonable and oppressive due to factors such as the scope of requested documents, the burden it places on the party, or the lack of relevance to the case at hand. 2. Specificity Challenge Motion: This motion contests the subpoena on the basis that it fails to specify with sufficient clarity the documents sought, making it difficult for the party to comply. 3. Privilege and Confidentiality Motion: Here, the party asserts that the subpoena seeks privileged or confidential information that should be protected from disclosure. This may include attorney-client communications, trade secrets, or medical records, among others. 4. Confidential Business Information Motion: This motion is used when the party summoned believes that providing certain business-related documents would lead to unfair disadvantages, such as the disclosure of proprietary information or potential harm to trade secrets. 5. Over breadth Motion: This motion argues that the subpoena requests an excessive number of documents or goes beyond what is necessary for the case, resulting in an undue burden on the party's resources. 6. Financial Hardship Motion: This motion is filed when the party claims that compliance with the subpoena would cause extreme financial burden, potentially leading to severe negative consequences for the party's business or personal livelihood. It is important to note that the specific terminology and requirements for filing a Vermont Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive may vary depending on the court or jurisdiction. It is advisable to consult with an experienced attorney familiar with Vermont law to ensure compliance with the correct procedures and to present the best possible arguments to support the motion.

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FAQ

Any person to whom a subpoena is directed, or any party, may file a motion to quash or limit the subpoena. The motion must be filed with the judge, and it must include the reasons why compliance with the subpoena should not be required or the reasons why the subpoena's scope should be limited.

(1) Every subpoena shall (A) state the name of the court from which it is issued; and (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and (C) command each person to whom it is directed to attend and give testimony or to produce and permit inspection, copying ...

Undue Burden. Subpoena recipients often object on the ground that compliance with the subpoena is unduly burdensome and expensive. Rule 45(d)(1) requires parties issuing a subpoena to ?take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.? Fed.

Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests.

Common grounds for filing a motion to quash are that the individual is outside the subpoena range, or that the items to be produced are unavailable within the specified time or at the specified location. Other common grounds for filing a motion to quash include undue burden and expense.

Objections: The other party or witness has the right to object to the subpoena. If the other party objects to the subpoena, and you are not able to reach a written agreement to change the language of the subpoena, he or she must file a request for order to quash the subpoena.

A court might, upon a proper motion, quash a subpoena duces tecum if the agency did not have the power to issue the subpoena, the materials sought are not relevant to an authorized investigation, and the items sought are not described with particularity and definiteness, as required by the Fourth Amendment of the U.S. ...

The court on motion of a defendant may grant a new trial to the defendent if required in the interests of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.

More info

The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. (1)Subject Matters ofSubpoena: ... R. Crim. P. 17(c) allows the court in a criminal proceeding to quash a subpoena duces tecum that it determines to be unreasonable or oppressive.A motion to quash a subpoena duces tecum should be filed within ten (10) days after receiving the subpoena or at any time before the time stated for compliance ... ... Subpoena,” if attendance of a witness is required, and/or VA Form 0713, “Subpoena Duces Tecum,” if production of tangible evidence is required. The ... 17.3(c) (“The court, on motion made promptly, may dismiss or modify a subpoena duces tecum if compliance therewith would be unreasonable, oppressive, or ... (3)(A) On timely motion, the court for which a subpoena was issued shall quash or modify the subpoena if it. (i) fails to allow reasonable time for compliance;. 28 Sept 2001 — Granting the motion will be signified by completion of a VA Form 0714, “Subpoena,” if attendance of a witness is required, and/or VA Form 0713, ... ... In re Motions to Quash Subpoenas, 30 F. ... This contradicts the petitioner's argument that the search made oppressive a subpoena which was otherwise reasonable. by JC Carlisle · 1987 · Cited by 7 — The Ghandi case involved a motion filed by the Federal Bureau of. Investigation to quash a subpoena duces tecum for the production of documents. Id. at. 117 ... Plaintiff asserts that the Motion to Quash the subpoena issued to Tina Wood in the instant matter should be quashed pursuant to Rule 45(c)(3)(A)(iii) because ...

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Vermont Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive