This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Palm Beach Florida Motion to Quash Deposition Subpoena Duces Tecum
State:
Multi-State
Category:
County:
Palm Beach
Control #:
US-PI-0042
Format:
Word;
Rich Text
177 downloads
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How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
Yes, you can object to a subpoena duces tecum in Florida. If you believe the subpoena is overly broad, irrelevant, or seeks privileged information, you can file a Palm Beach Florida Motion to Quash Deposition Subpoena Duces Tecum. This motion allows you to challenge the subpoena in court, providing you with a chance to protect your rights and interests. Utilizing resources from USLegalForms can simplify this process and guide you through the necessary steps.
Under Florida law, a trial court does not have the discretion to stay discovery based solely on a pending motion to dismiss that is alleged to be dispositive. Rather, Florida law is clear that the pendency of a motion to dismiss, in and of itself, is not sufficient good cause to stay discovery.
P. 1.410(e)(1)). Although serving written objections stays the obligation to produce evidence in response to the subpoena, it does not stay the obligation to appear for deposition. If the recipient seeks to stay the deposition, the recipient must file a motion to quash or motion for protective order.
A quash definition would be to reject, or void, especially by a legal procedure. Simply put, it is a verb meaning to put an end to. A motion to quash refers to a specific type of request, in which one court is asked to render the decision made by another, lower court as invalid.
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.
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 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.
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.