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.