This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Dallas Texas Motion to Quash Deposition Subpoena Duces Tecum
Category:
State:
Multi-State
County:
Dallas
Control #:
US-PI-0042
Format:
Word;
Rich Text
Instant download
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How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
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.
A subpoena duces tecum is used to produce a document or piece of evidence. It summons the recipient to either 1) deliver the requested documents or evidence to be used in an upcoming hearing or trial, or 2) appear in person at the courthouse to present such evidence.
What is a motion to quash? A motion to quash asks the court to confirm that you don't have to respond to a discovery request. In this case, the motion asks the court to confirm that you don't have to respond to discovery you received before the deadline for initial disclosures.
The Three Most Common Objections Made During Trial Testimony Hearsay. A common, if not the most common trial objection to a trial testimony objection is hearsay.Leading. A close second objection is to leading questions.Relevancy. The last of the three (3) of the most common objections is relevancy.
A Consolidated List of Proper Deposition Objections Hearsay. You're free to object to a question of hearsay during a trial.Assume facts, not in evidence. It depends.Calls for an opinion.Speaking and coaching objections.Privilege.Form.Mischaracterizes earlier testimony.Asked and answered.
24.02. SUBPOENA DUCES TECUM. If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court.
Usually, the filing of a motion to quash means you can refuse to comply with the subpoena until the court either denies the motion, or you reach an agreement with the party that served you with the subpoena.
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.
In Texas state court, there are three objections that can be used in depositions. According to the Texas Rules of Civil Procedure, the only available objections are: (1) form, (2) non-responsive, and (3) leading.
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.