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

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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.

A Delaware Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive refers to a legal remedy sought by individuals or entities in response to a subpoena that they consider burdensome, oppressive, or unjustifiably demanding. Subpoena Ducks Cecum is a legal document that requires the production of specific documents or materials as evidence in a legal proceeding. In Delaware, there are different types of motions to quash a subpoena duces tecum on the grounds of unreasonableness and oppressiveness. Some common types include: 1. General Motion to Quash: This type of motion is filed when the recipient believes that the subpoena is overly burdensome, oppressive, or unreasonable in its demands. It asserts that complying with the subpoena would cause undue hardship or injustice. 2. Undue Burden Motion: This motion is filed when the recipient argues that compliance with the subpoena would place an excessive burden on them, considering factors such as the volume or complexity of the requested materials, or the costs associated with gathering and producing them. 3. Privileged Material Motion: This type of motion is filed when the recipient claims that the subpoena seeks privileged or confidential information that should be protected. It asserts that the requested documents are either protected by attorney-client privilege, work product doctrine, or any other recognized privileges. 4. Relevance Motion: This motion is filed when the recipient argues that the subpoena seeks irrelevant information that has no bearing on the legal matter at hand. It asserts that the subpoena's demands are not reasonably calculated to lead to the discovery of admissible evidence. 5. Over breadth Motion: This motion is filed when the recipient alleges that the subpoena is overly broad, seeking documents or materials that are not relevant to the case or exceeds the permissible scope of discovery. In Delaware, when filing a motion to quash a subpoena duces tecum on the grounds of unreasonableness and oppressiveness, it is important to present a detailed and persuasive argument explaining why the subpoena should be quashed. This involves providing specific reasons supported by legal precedents and demonstrating how compliance with the subpoena would result in undue hardship, injustice, or privacy violations. Keywords: Delaware, motion to quash, subpoena duces tecum, unreasonable, oppressive, different types, grounds, undue burden, privileged material, relevance, over breadth, legal proceeding, burdensome, justice, confidential information, attorney-client privilege, work product doctrine, admissible evidence, discovery, persuasive argument, privacy violations.

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FAQ

Undue Burden. Rule 45(d)(1) requires parties issuing a subpoena to ?take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.? Fed. R. Civ. P. 45(d)(1).

A party or an attorney responsible for the issuance and service of a subpoena for production of books, papers and documents without a deposition shall provide to another party copies of documents so produced upon written request. The party requesting copies shall pay the reasonable costs of reproduction.

A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and. (B) inspection of premises at the premises to be inspected.

Common grounds for filing a motion to quash are that the individual is outside the subpoena range, or that the items to be produced are unavailable within the specified time or at the specified location. Other common grounds for filing a motion to quash include undue burden and expense.

Federal Rule of Civil Procedure 45(d) requires a judge to modify or quash a subpoena upon timely motion and impose sanctions upon the seeking party if the subpoena subjects a person to ?undue burden.? Federal Rule of Criminal Procedure 17(c) authorizes the judge to quash a criminal subpoena if ?compliance would be ...

The Court will quash (dismiss) a subpoena if it fails to give reasonable time for compliance, requires you to disclose privileged information or subjects you to undue burden. If you believe that one of these applies to you, you must file a Motion to Quash a Subpoena.

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. ...

Burden of Proof Generally, the party seeking to compel compliance with discovery requests, including a subpoena, bears the initial burden of demonstrating the relevance of the sought-after evidence. Counsel must also include in the motion to compel: The specific requests at issue.

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This Q&A addresses the requirements for complying with a discovery subpoena, objecting to a discovery subpoena seeking documents, moving to quash a discovery ... The Court will quash (dismiss) a subpoena if it fails to give reasonable time for compliance, requires you to disclose privileged information or subjects you to ...R. Crim. P. 17(c) allows the court in a criminal proceeding to quash a subpoena duces tecum that it determines to be unreasonable or oppressive. Oct 24, 2007 — The issued subpoena duces tecum does not appear to be unreasonable, oppressive, or place any. Page 10. 9 undue burden on either the judgment ... On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive. (3) Subpoena for Personal or Confidential ... The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct that books ... Compliance with this subpoena would be both unfair and oppressive. Rambus seeks to force MEUS to search for and produce countless documents ... With the provision for relief from an oppressive or unreasonable subpoena duces tecum, compare N.Y.C.P.A. (1937) §411. Note to Subdivision (c). Feb 5, 2009 — official to attend a deposition, the burden is on the movant to show that the subpoena duces tecum is unreasonable or oppressive. Page 2 ... Jan 19, 2016 — Pursuant to Rule. 232( e )(2), the hearing officer "shall quash or modify the subpoena" if compliance "would be unreasonable, oppressive, unduly ...

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