This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Arkansas Motion to Quash Deposition Subpoena Duces Tecum
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State:
Multi-State
Control #:
US-PI-0042
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Word;
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FAQ
A court might, upon a proper motion, quash a subpoena duces tecum if the agency did not have the power to issue the subpoena, the materials sought are not relevant to an authorized investigation, and the items sought are not described with particularity and definiteness, as required by the Fourth Amendment of the U.S. ...
(D) Command to Produce; Included Obligations. A command in a subpoena to produce documents, electronically stored information, or tangible things requires the responding person to permit inspection, copying, testing, or sampling of the materials.
Rule 45.1 of the Arkansas Rules of Civil Procedure allows attorneys in ongoing out-of-state lawsuits to issue subpoenas for depositions or documents in Arkansas. The out-of-state subpoena can be sent to the Arkansas clerk with an Arkansas subpoena form with identical wording.
The person subpoenaed may ask a court to quash or modify the subpoena if it is unreasonable or oppressive or to require that the person on whose behalf the subpoena is issued pay the reasonable cost of such production. Rule 45(b), Ark. R. Civ.
A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the ?discovery process? before trial and may not be used in an actual court hearing.
Rule 41 - Dismissal of Actions (a)Voluntary Dismissal; Effect Thereof. (1) Subject to the provisions of Rule 23(e) and Rule 66, an action may be dismissed without prejudice to a future action by the plaintiff before the final submission of the case to the jury, or to the court where the trial is by the court.
The person subpoenaed may ask the court to quash or modify the subpoena if it is unreasonable or oppressive or to require that the person on whose behalf the subpoena is issued pay the reasonable cost of such production. Rule 45(b), Ark.
Rule 64 - Addition and Withdrawal of Counsel (a) When additional counsel is employed to represent any party in a case, said counsel shall immediately cause the clerk to enter his or her name as an attorney of record in the case and shall also immediately notify the court and opposing counsel that he or she has been ...
