This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Clark Nevada Motion to Quash Deposition Subpoena Duces Tecum
Category:
State:
Multi-State
County:
Clark
Control #:
US-PI-0042
Format:
Word;
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How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
The phrase 'quash subpoena duces tecum' refers to the legal action of nullifying a subpoena that requests documents or evidence. Quashing limits the enforceability of the subpoena, often due to concerns regarding relevance or privacy. Filing a Clark Nevada Motion to Quash Deposition Subpoena Duces Tecum helps ensure you do not have to comply with unreasonable demands. This action can be crucial in maintaining control over your documentation.
1. A prosecuting attorney may issue subpoenas subscribed by the prosecuting attorney for witnesses within the State, in support of the prosecution or whom a grand jury may direct to appear before it, upon any investigation pending before the grand jury.
A motion to quash is the proper pleading to test the validity of a service of summons and complaint upon an entity that is not by its true or fictitious name made a party to an action. Kline v. Beauchamp et al., 29 Cal.
If the accused has been arrested, with or without warrant, he may file MOTION TO QUASH the arrest or to RECALL the same, on the ground that the same has been illegally made or that there is no probable cause.
NRCP 45(c)(2)(B) still provides that the witness may lodge his or her own objection to the subpoena before the time specified for compliance in the subpoena, or within 14 days of service of the subpoena, whichever is earlier.
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.
In this case, you must ask the judge to cancel the subpoena. Important! Until the subpoena is cancelled, you have a duty to testify in court. If you have a duty to testify but don't go, a judge can issue a warrant for your arrest.
Deadline. Notice of a motion to quash or modify a subpoena duces tecum must be served on the witness and the deposition officer at least five (5) days before the date set for production of the subpoenaed records.
A motion to quash is timely if made before the date specified in the subpoena for compliance. In considering a motion to quash, the trial court may hold a hearing and, as necessary, entertain any relevant testimony.
They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.