Wake North Carolina Motion for Protective Order, Motion to Quash And Objection to Notice of Deposition Duces Tecum
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FAQ
On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought or the form requested is not reasonably accessible because of undue costs or burden.
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.
To object to the document requests contained in a subpoena duces tecum for deposition, a nonparty must serve written objections either: Within ten days after service of the subpoena. Before the time for compliance, if the time is less than ten days after service of the subpoena.
However, service of a subpoena on a witness in a civil traffic case, a criminal traffic case, a misdemeanor case, or a second degree or third degree felony may be made by United States mail directed to the witness at the last known address, and the service must be mailed at least 7 days prior to the date of the
You can object to a subpoena by arguing that the: subpoena has not been issued correctly according to the law (technical grounds); subpoena is an abuse of process or oppressive (general objections); and. requested documents cannot be disclosed because of special rules that apply to the evidence (privilege).
The court shall quash or modify the subpoena if the subpoenaed person demonstrates the existence of any of the reasons set forth in subdivision (3) of this subsection. The motion shall be filed in the court in the county in which the trial, hearing, deposition, or production of materials is to occur.
A subpoena duces tecum (or SDT) is a court order that requires a person to produce certain documents or pieces of evidence at a hearing or trial in a criminal case. Under California law, either a prosecutor or the defendant may request evidence or a witness by means of an SDT.
Required Notice for Subpoena Duces Tecum Without Deposition. Before counsel can issue a subpoena for documents only without deposition, counsel must: Serve, on every other party, notice of the intent to serve a subpoena duces tecum. Attach an unsigned copy of the proposed subpoena to the notice.
If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.
A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party and who is not less than 18 years of age. Service of a subpoena on a person named within must be made as provided by law.