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Washington Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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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 Washington Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document used in the state of Washington to challenge a subpoena duces tecum that is deemed unfair, burdensome, or harassing. This type of affidavit is commonly used in civil litigation and aims to protect the rights of individuals or organizations called to produce documents or evidence as requested by the subpoena. When filing this motion, it is crucial to provide a detailed description of the reasons why the subpoena is considered unreasonable and oppressive. Keywords that might be relevant in describing this type of Washington affidavit include: 1. Washington State Law: When drafting this affidavit, it is essential to reference relevant sections of Washington state law, such as the Washington Rules of Civil Procedure or the Washington State Code, to support your argument and to demonstrate that your motion is filed in compliance with local statutes. 2. Affidavit: An affidavit is a sworn statement made under oath. In the context of this type of motion, the affidavit should clearly outline the facts and circumstances supporting the claim that the subpoena is unfair, excessive, or unduly burdensome. 3. Motion to Quash: A motion to quash seeks to invalidate or nullify the subpoena. In this instance, the motion to quash is based on the grounds that the subpoena is unreasonable and oppressive, meaning that it creates an undue burden or harassment for the party being served. 4. Subpoena Ducks Cecum: This specific type of subpoena requests the production of documents, records, or other tangible evidence. The affidavit should specify the details of the subpoena, including the specific documents or evidence sought and any related deadlines or requirements. 5. Unreasonable: The affidavit should provide a thorough explanation of why the subpoena is deemed unreasonable. This may include factors such as the breadth of the request, the lack of relevance or materiality of the documents requested, or the potential for the subpoena to disrupt or impede the normal course of business. 6. Oppressive: The affidavit should also articulate the grounds on which the subpoena is considered oppressive. This could include factors such as the excessive cost, time, or effort required to comply with the subpoena, the potential invasion of privacy or confidentiality, or any other adverse consequences resulting from the production of the requested documents or evidence. It is important to note that there may not be different types of Washington Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive. However, various variations may exist based on specific cases or legal contexts.

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How to fill out Washington Affidavit In Support Of Motion To Quash Subpoena Duces Tecum On The Grounds That Subpoena Is Unreasonable And Oppressive?

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A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and. (B) inspection of premises at the premises to be inspected.

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. ...

Burden of Proof Generally, the party seeking to compel compliance with discovery requests, including a subpoena, bears the initial burden of demonstrating the relevance of the sought-after evidence. Counsel must also include in the motion to compel: The specific requests at issue.

Federal Rule of Civil Procedure 45(d) requires a judge to modify or quash a subpoena upon timely motion and impose sanctions upon the seeking party if the subpoena subjects a person to ?undue burden.? Federal Rule of Criminal Procedure 17(c) authorizes the judge to quash a criminal subpoena if ?compliance would be ...

A party or an attorney responsible for the issuance and service of a subpoena for production of books, papers and documents without a deposition shall provide to another party copies of documents so produced upon written request. The party requesting copies shall pay the reasonable costs of reproduction.

On timely motion, the court may quash or modify a subpoena for production if it (A) fails to allow reasonable time for compliance, (B) requires disclosure of privileged or other protected matter and no exception or waiver applies, (C) is unreasonable, oppressive, or unduly burdensome, or (D) exceeds the scope of ...

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).

Undue Burden. 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. R. Civ. P. 45(d)(1).

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Service by mail shall be deemed complete upon the filing of the returned waiver of personal service, signed in affidavit or declaration form. (4) When Witness ... (2) On motion made promptly the court may quash or modify the subpoena duces tecum if compliance would be illegal, unreasonable or oppressive. (b) For ...Jan 9, 2012 — Because it. is issued against a non-party, it is unreasonably burdensome, and should be either quashed in its entirety or dramatically limited. 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. Service by mail shall be deemed complete upon the filing of the returned waiver. 9 of personal service, signed in affidavit or declaration form. 10. 11. (4) ... After the hearing/trial ends, file the original subpoenas and affidavits of service with the court clerk. This publication provides general information ... Jun 14, 2013 — Identify the person for each tenant file provided to HUD in connection with. HUD's July 2,2012 data request, or provide un-redacted copies ... A resident of this State subpoenaed for the taking of a deposition may be required to attend an examination only at a reasonably convenient time and only. (A) ... This rule places the obligation of retaining the original subpoena and the proof of service on the lawyer initiating the discovery. A file will be created if a ... A person named in a subpoena may file a motion to quash or modify the subpoena. A statement of the reasons for the motion must accompany it and a copy of ...

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Washington Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive