Wisconsin 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 Wisconsin Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed in the state of Wisconsin. This affidavit is used when an individual or entity believes that a subpoena duces tecum (a subpoena requiring the production of documents or objects) issued against them is unreasonable and oppressive. In this affidavit, the affine (the person making the statement) provides detailed information and supporting evidence to convince the court that the subpoena should be quashed or invalidated. The affidavit outlines the reasons why the subpoena is considered unreasonable, oppressive, or burdensome, and argues for its dismissal. Keywords: Wisconsin, affidavit, motion, quash, subpoena, duces tecum, grounds, unreasonable, oppressive, legal document, court, evidence, burdensome, dismissal. Different Types of Wisconsin Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive: 1. Civil Motion to Quash Subpoena Ducks Cecum: This type of affidavit is used in civil cases where the party believes that the subpoena issued against them is unreasonable and oppressive. It may involve disputes related to business contracts, personal injury claims, or property disputes. 2. Criminal Motion to Quash Subpoena Ducks Cecum: This type of affidavit is used in criminal cases when the accused or a witness seeks to challenge a subpoena duces tecum. The affine may argue that the requested documents or objects are irrelevant, protected by privilege, or that the subpoena places an undue burden or hardship on them. 3. Business/Corporate Motion to Quash Subpoena Ducks Cecum: This type of affidavit is filed by businesses or corporations who believe that a subpoena duces tecum is unreasonably broad, oppressive, or interferes with their operations. The affine may argue that the requested documents are confidential, trade secrets, or the subpoena itself is part of a fishing expedition. 4. Personal Privacy Motion to Quash Subpoena Ducks Cecum: This type of affidavit is used when an individual believes that the subpoena infringes upon their personal privacy rights. The affine may argue that the requested documents contain sensitive personal information, violate confidentiality, or that the subpoena is overly intrusive. 5. Alternative Dispute Resolution (ADR) Motion to Quash Subpoena Ducks Cecum: In some cases, parties involved in an alternative dispute resolution process, such as mediation or arbitration, may utilize this type of affidavit to challenge a subpoena duces tecum. They may argue that the subpoena disrupts the ADR process, is unnecessary, or undermines the confidentiality of the proceedings. Remember that the specific legal requirements and procedures for filing a Wisconsin Affidavit in Support of Motion to Quash Subpoena Ducks Cecum may vary, so it's essential to consult with an attorney for accurate guidance based on your specific situation.

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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. ...

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.

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.

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.

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.

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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 ... (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. Dec 1, 2016 — Any affidavit supporting a motion must be served with the motion. Except ... If a subpoena duces tecum is to be served on the deponent, the ... Jun 9, 2004 — Therefore, we also conclude that execution of the subpoena duces tecum, as modified, would constitute an unreasonable search and seizure. Jul 25, 2023 — Case opinion for WI Supreme Court IN RE: a JOHN DOE PROCEEDING Commenced by Affidavit Dated July 25. Read the Court's full decision on ... These grounds include, but are not limited to, the: (1) privilege against self incrimination, (2) free exercise of religion, (3) freedom of association, (4) ... Therefore, IT IS ORDERED that Oshkosh Truck Corporation's motion to quash the subpoena duces tecum be and hereby is granted, with costs. IT IS ALSO ORDERED ... § 805.07(3), which permits a court to quash or modify a subpoena “if it is unreasonable and oppressive. ... quash the Phone Subpoena—a subpoena duces tecum. On ... by JG Matherne · 1984 · Cited by 14 — ... a subpoena if the dence, see supra note 65. 124. Rule 45(b) authorizes a court to quash or modify a subpoena if it is unreasonable and oppressive. Rule 26(c) ...

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