Wisconsin 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.

In Wisconsin, a Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed by a party or individual who wishes to challenge the validity or relevance of a subpoena duces tecum (a document request) issued against them or another party involved in a legal case. This motion aims to persuade the court to cancel or modify the subpoena on the basis that it is unreasonable, burdensome, or oppressive. Keywords: Wisconsin, Motion to Quash, Subpoena Ducks Cecum, Grounds, Unreasonable, Oppressive. Types of Wisconsin Motion to Quash Subpoena Ducks Cecum: 1. Standard Motion to Quash: This type of motion can be filed when the party believes that the subpoena is unreasonable or oppressive due to factors such as excessive document requests, the burden of compliance, or breach of the legal standards outlined in the Wisconsin statutes. 2. Motion to Quash Based on Privacy Concerns: In cases where the subpoena infringes upon personal or sensitive information, individuals or parties can file this motion to protect their privacy rights. The motion argues that the requested documents are not relevant or necessary for the case, and it highlights the potential harm or violation of privacy that may result from their disclosure. 3. Motion to Quash for Overly Broad Requests: If the subpoena includes requests for documents that are not reasonably related to the case or go beyond the permissible scope, this motion can be filed. It contends that the breadth of the subpoena is excessive, irrelevant, and places an undue burden on the party, hampering their ability to respond adequately. 4. Motion to Quash for Burdensome Compliance: This type of motion emphasizes the undue hardship or burden that complying with the subpoena would impose on the party, such as the costs of retrieval, reviewing, and producing a large volume of documents. It argues that granting the motion would ensure fairness and prevent hardship or disruption for the party involved. 5. Motion to Quash Due to Vagueness or Ambiguity: When a subpoena's language is unclear, ambiguous, or lacks specificity regarding the requested documents, this motion can be filed. It asserts that the vagueness hinders the party's ability to understand the scope of their obligations, making compliance difficult or impossible. When drafting a Wisconsin Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, it is crucial to provide specific details and persuasive arguments supporting the claim of unreasonableness, oppressiveness, or a violation of legal standards. Including relevant statutes and legal precedents can strengthen the motion, increasing the chances of a favorable outcome from the court.

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Subpoena Duces Tecum Details Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.

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. ...

Primary tabs. A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974).

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.

An SDT may be served via certified mail, personal service, or in some cases, by email. The party served with the subpoena duces tecum must then appear in court on the date and time specified with the requested information and turn it over directly to the presiding judge.

Duces tecum in Latin means, ?you shall bring with you.? This case from California, explains that ?a subpoena that requires the production of records, documents, or other things is known as a 'subpoena duces tecum. '?

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(3) only authorizes the court to quash a subpoena to compel production of tangible things, not a subpoena to compel attendance of a witnesses. State v ... 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.Judge Ramirez granted the State's (State) motion to quash a subpoena duces tecum ... motion to quash Schaefer's subpoena duces tecum. I. FACTS AND PROCEDURAL ... Rule 17(e) only allows a subpoena to be quashed if it violates a constitutional, statutory, or common law privilege or if it is unreasonable or oppressive. ... quash the subpoena on the ground that it is unreasonable and oppressive. Sec. 805.07 provides in part as follows: "805.07 Subpoena. (1) ISSUANCE AND SERVICE ... Jun 4, 2008 — a motion to quash the subpoena obtained in violation of Wis. Stat ... (a) quash or modify the subpoena if it is unreasonable and oppressive ... Jul 15, 2020 — While any subpoena should be quashed if it is "unreasonable and oppressive," a subpoena on the Attorney General is exceptionally burdensome. A command to produce documents, electronically stored information, or tangible things or to permit the inspection of premises may be included in a subpoena ... 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 ...

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