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Delaware Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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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.


A Delaware Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document used in the state of Delaware to challenge a subpoena requesting the production of documents that is believed to be burdensome, unfair, or oppressive. This affidavit serves as a written statement, under oath, presenting arguments and evidence supporting the motion to quash the subpoena. The purpose of this affidavit is to convince the court that the subpoena should be invalidated due to its unreasonableness and oppressiveness. By providing a detailed description of the reasons why the subpoena is unreasonable and oppressive, the affine aims to demonstrate that compliance with the subpoena would cause undue burden, hardship, or deprivation of rights. Keywords for this document could include: 1. Delaware Affidavit: The document pertains to legal proceedings in the state of Delaware, indicating that it is specific to the jurisdiction's laws and regulations. 2. Motion to Quash: The affine is requesting the court to annul or invalidate the subpoena in question. 3. Subpoena Ducks Cecum: Refers to a legal order compelling the production of documents or evidence relevant to a court case. 4. Unreasonable: Highlights the argument that the subpoena is excessive, improper, or disproportional in terms of its scope, burden, or request. 5. Oppressive: Suggests that the subpoena places an unfair burden or hardship on the party being subpoenaed, potentially violating their rights or creating an imbalance in the legal proceedings. 6. Grounds to Quash: The specific reasons and legal basis behind the motion to quash the subpoena. It's important to note that while this description provides an overview of a Delaware Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, there might be variations or subtypes of this affidavit depending on the specific circumstances or legal matters involved in the case.

A Delaware Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document used in the state of Delaware to challenge a subpoena requesting the production of documents that is believed to be burdensome, unfair, or oppressive. This affidavit serves as a written statement, under oath, presenting arguments and evidence supporting the motion to quash the subpoena. The purpose of this affidavit is to convince the court that the subpoena should be invalidated due to its unreasonableness and oppressiveness. By providing a detailed description of the reasons why the subpoena is unreasonable and oppressive, the affine aims to demonstrate that compliance with the subpoena would cause undue burden, hardship, or deprivation of rights. Keywords for this document could include: 1. Delaware Affidavit: The document pertains to legal proceedings in the state of Delaware, indicating that it is specific to the jurisdiction's laws and regulations. 2. Motion to Quash: The affine is requesting the court to annul or invalidate the subpoena in question. 3. Subpoena Ducks Cecum: Refers to a legal order compelling the production of documents or evidence relevant to a court case. 4. Unreasonable: Highlights the argument that the subpoena is excessive, improper, or disproportional in terms of its scope, burden, or request. 5. Oppressive: Suggests that the subpoena places an unfair burden or hardship on the party being subpoenaed, potentially violating their rights or creating an imbalance in the legal proceedings. 6. Grounds to Quash: The specific reasons and legal basis behind the motion to quash the subpoena. It's important to note that while this description provides an overview of a Delaware Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, there might be variations or subtypes of this affidavit depending on the specific circumstances or legal matters involved in the case.

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How to fill out Delaware Affidavit In Support Of Motion To Quash Subpoena Duces Tecum On The Grounds That Subpoena Is Unreasonable And Oppressive?

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FAQ

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.

The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question. When a motion to quash is filed, the court will review the arguments and evidence presented by the party filing the motion, as well as any opposing arguments.

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 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. See California Code of Civil Procedure Section 1985.

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. ...

Undue Burden. Subpoena recipients often object on the ground that compliance with the subpoena is unduly burdensome and expensive. 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.

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).

One method of responding to a subpoena is to file what is known as a ?Motion to Quash.? A ?motion? is a written document directed to the judge in the case asking the judge to take some action for the reasons stated in the motion. ?Quash? is a legal term meaning to terminate, reject or void.

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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.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 clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may ... known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be. Petitioners promptly petitioned the Superior Court to quash the subpoenas on the grounds ... Of course, a subpoena duces tecum cannot be used as a basis of ... A command to produce records or tangible things may be included in a subpoena commanding attendance at a deposition, hearing, or trial, or may be contained in a ... 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 ... ... file the following documents in connection with its motion to quash: ▫ A notice of motion. ▫ A memorandum of law. ▫ Supporting affidavits (or declarations). These grounds include, but are not limited to, the: (1) privilege against self incrimination, (2) free exercise of religion, (3) freedom of association, (4) ...

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Delaware Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive