Arizona Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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US-02675BG
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Description

A motion to quash asks the judge for an order setting aside or nullifying an action, such as "quashing" service of a summons.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive
  • Preview Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive
  • Preview Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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FAQ

If we are unable to serve your documents, we can provide you with an affidavit of non-service. This affidavit will show the server's attempt times and details of each attempt. Depending on the type of documents you have, you can use this affidavit to petition the court for alternative methods of service.

(d) Service. A subpoena may be served by any person who is not a party and is at least 18 years old. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering to that person the fees for one day's attendance and the mileage allowed by law.

Rule 4.2(c) states: ?the party may serve the person by mailing the summons and a copy of the pleading being served to the person at that address by any form of postage-prepaid mail that requires a signed and returned receipt.? Once the filing party receives the signed, return receipt, he or she must file an affidavit ...

Unless Rule 4.1(c), (e), (f), or (g) applies, an individual may be served by: (1) delivering a copy of the summons and the pleading being served to that individual personally; (2) leaving a copy of each at that individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; ...

If you wish to object to a subpoena commanding your appearance at a hearing, trial or deposition, you must file a motion to quash or modify the subpoena with the court to obtain a court order excusing you from complying with this subpoena. See Rules 45(b)(5) and 45(e)(2) of the Arizona Rules of Civil Procedure.

A subpoena may command a person to produce and permit inspection, copying, testing, or sampling of designated books, papers, documents, electronically stored information, or tangible things, or inspection of premises with or without commanding the person to appear in person at the place of production or inspection.

Generally, They can't leave the documents at your door, but if they have tried to deliver the documents directly to the person being sued; or have tried delivering the documents to a substitute person of suitable age and discretion at the place of business or the home of the person being sued, then the process server ...

Yes. However, to begin a Civil lawsuit, Personal Service is generally required. If you have a complicated case, or your case involves a Defendant from outside Arizona, ask an attorney for assistance in interpreting the rules and kind of service that best fits your case.

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Arizona Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive