This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Wisconsin Motion to Quash Deposition Subpoena Duces Tecum
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Multi-State
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US-PI-0042
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How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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Line-By-Line Form Instructions Write in your court date, time, and location (including room number). ... Write the name of the court official who is scheduled to hear the case. Write your name on the bottom line. ... Write in the type of proceeding (Ex: motion hearing, divorce trial, review hearing, etc).
(b) Notice of a 3rd-party subpoena issued for discovery purposes shall be provided to all parties at least 10 days before the scheduled deposition in order to preserve their right to object.
The subpoena should be served at least two weeks before the trial date. If there are unforeseen circumstances, subpoenas may be served later, but they must always be served at least three days before the trial.
A subpoena is a writ ordering a person to attend a court proceeding or to provide documents or deposition testimony. In Wisconsin, parties involved in litigation may issue a subpoena to a third-party (non-party to the case) for the purposes of discovery and for testimony at trial.
Parties can do this themselves as long as they prepare an affidavit of service. They also can have it served by the sheriff's office or a private process-server. Along with a subpoena, parties must include payment to the witness of a daily fee and mileage for appearing.
A subpoena may also be issued by any attorney of record in a civil action or special proceeding to compel attendance of witnesses for deposition, hearing or trial in the action or special proceeding.
You must also pay the witness when you serve the subpoena. Witness fees are $5.00 + $. 20 per mile (round-trip mileage to the courthouse from the person's home).
Parties can do this themselves as long as they prepare an affidavit of service. They also can have it served by the sheriff's office or a private process-server. Along with a subpoena, parties must include payment to the witness of a daily fee and mileage for appearing.