District of Columbia Sample Letter for Motion to Quash [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Subject: Motion to Quash [Case Name/Number] Dear [Recipient's Name], I am writing this letter to formally request the court to consider and grant my Motion to Quash in the District of Columbia [insert specific court or jurisdiction] regarding [briefly mention the nature of the case or underlying issue]. I am a party to this case and believe that the subpoena issued against me is improper and should be quashed for the following reasons: 1. Lack of Relevance: The information being sought by the subpoena is not relevant to the case or discovery requirements outlined under the applicable laws and rules. The requested documents or testimony do not pertain to the subject at hand, and their inclusion would unduly burden me without any substantial benefit to the ongoing legal proceedings. 2. Over breadth and Ambiguity: The subpoena is overly broad, seeking a wide range of documents or information that are not reasonably necessary for resolving the disputed matter. Furthermore, the subpoena fails to define the exact scope or nature of the requested documents, resulting in ambiguity and potential violation of my rights. 3. Privileged or Protected Information: The subpoena seeks to access confidential, privileged, or otherwise protected information which should be upheld under the applicable laws and rules. The disclosure of such information could potentially harm my legal interests and undermine my constitutional rights. 4. Improper Service: The service of the subpoena upon me was defective or irregular. [If applicable, provide specific details regarding the irregularity or improper service, such as incorrect dates, lack of proper identification, or failure to comply with legal mailing requirements.] In light of the aforementioned reasons, I kindly request the court to quash the subpoena and relieve me from any obligation to produce the requested information or appear for testimony. I believe that this motion is appropriate to protect my rights, safeguard confidentiality, and ensure a fair and just legal process. Enclosed with this letter, please find all supporting documents necessary for the court's consideration, including copies of the subpoena and any relevant exhibits or evidence. Should the court require any further information or clarification, kindly inform me at the earliest convenience. Thank you for your attention to this matter. I trust that the court will carefully review my motion and make a fair and just determination. I appreciate your cooperation and assistance. Sincerely, [Your Name]
District of Columbia Sample Letter for Motion to Quash
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FAQ
Once filed, the motion to quash will stay the subpoena, until a judge makes a ruling on the motion or the subpoenaed party and the issuing party reach an agreement.
If the motion is filed by the third business day after service of the notice of deposition, an objection to the time and place of a deposition stays the oral deposition until the motion can be determined.
The word "quash" is used to mean something is invalid. Quashing service refers to the process of filing a motion to tell the courts you believe there was invalid service of process in your case. Below, we discuss when and how a person can make a request to quash service to help their court case.
Quash means to set aside or to void. In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial. Examples of the usage of quash include "to quash a motion" or "quash evidence."
On timely motion, the court may quash or modify a subpoena for production if it (A) fails to allow reasonable time for compliance, (B) requires disclosure of privileged or other protected matter and no exception or waiver applies, (C) is unreasonable, oppressive, or unduly burdensome, or (D) exceeds the scope of ...
Notice of a motion to quash or modify a subpoena duces tecum must be served on the witness and the deposition officer at least 5 days before the date set for production of the subpoenaed records. CCP § 1985.3 (g) (amended eff 1/1/13); CCP § 1985.6 (f) (amended eff 1/1/13).
On a motion to quash, the burden is on the plaintiff to prove by a preponderance of the evidence that the service was valid and that the court has jurisdiction over the defendant. (Bolkiah v. Superior Court (1999) 74 Cal.
In order to file a motion to quash, you will need to draft the motion and file it in the case/court that appears on the document you were served with. Once filed, the motion to quash will stay the subpoena, until a judge makes a ruling on the motion or the subpoenaed party and the issuing party reach an agreement.
