Keywords: Wisconsin, motion to quash, deposition subpoena, duces tecum, types A Wisconsin Motion to Quash Deposition Subpoena Ducks Cecum is a formal legal document that allows a party in a lawsuit to request the court to invalidate a deposition subpoena duces tecum. This type of motion seeks to prevent the enforcement of a subpoena that requires the production of specified documents or tangible items during a deposition. There are different types of Wisconsin Motion to Quash Deposition Subpoena Ducks Cecum, each serving a specific purpose: 1. General Motion to Quash: This type of motion is used when the party being subpoenaed believes that the subpoena imposes an unnecessary burden, is unduly oppressive, or violates their rights. It requests the court to quash the entire subpoena, including both the requirement to appear for a deposition and the demand for documents. 2. Limited Motion to Quash: This type of motion is filed when the party being subpoenaed believes that only certain aspects of the subpoena, such as specific document requests, are improper. It seeks to quash or modify only the objectionable parts, while allowing the deposition to proceed for the remaining valid requests. 3. Protective Motion to Quash: This type of motion is utilized when the party being subpoenaed seeks protection from producing certain documents or items that are deemed privileged, confidential, or irrelevant to the case. It asks the court to quash or modify the subpoena to safeguard their rights and prevent the disclosure of sensitive information. 4. Court Order Motion to Quash: In some instances, a court may initiate a motion to quash a deposition subpoena duces tecum on its own volition. If the court determines that the subpoena is improper, unnecessary, or overly burdensome, it may quash the subpoena to ensure fairness and justice in the proceedings. Wisconsin's law provides individuals and entities with the right to challenge and seek remedies against subpoenas that go beyond what is necessary or legally permissible during deposition. By filing a Motion to Quash Deposition Subpoena Ducks Cecum, parties have a legal avenue to protect their interests, assert their rights, and avoid any unfair or intrusive demands.
Wisconsin Motion to Quash Deposition Subpoena Duces Tecum
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How to fill out Wisconsin 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.