Florida Sample Letter for Plaintiff's Motion for Protective Order, Motion to Quash, Objection to Notice of Deposition Ducks Cecum [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Job title or position] [Company or Entity Name] [Address] [City, State, Zip Code] Re: Plaintiff's Motion for Protective Order, Motion to Quash, Objection to Notice of Deposition Ducks Cecum Dear [Recipient's Name], I hope this letter finds you well. I am writing as the plaintiff in the aforementioned case to formally request relief in the form of a protective order, motion to quash, and an objection to the notice of deposition duces tecum (documents). Motion for Protective Order: I believe it is necessary to file a motion for a protective order to maintain the confidentiality, privacy, and security of sensitive information and documents related to this case. The motion for a protective order aims to prevent the potential misuse or disclosure of this information, which may include proprietary business data, trade secrets, personal financial information, or confidential records. Motion to Quash: Further, I am filing a motion to quash in response to the notice of deposition duces tecum served upon me by the opposing party. This motion is based on the grounds that the requested deposition involves irrelevant, unduly burdensome, or oppressive inquiries or seeks the production of privileged or protected documents. Additionally, the notice of deposition fails to comply with the procedural requirements outlined in the Florida Rules of Civil Procedure. Objection to Notice of Deposition Ducks Cecum: Additionally, I object to the notice of deposition duces tecum on various grounds. The request seeks the production of confidential and privileged information that is protected by various statutes and legal privileges, such as attorney-client privilege, work product doctrine, or trade secret protection. Moreover, the requested documents are not relevant to the claims or defenses in this case and are overly broad, harassing, and burdensome in nature. Should opposing counsel contest these motions or fail to provide a satisfactory resolution, I may be compelled to seek additional remedies, such as a protective order or motion to bar discovery, to properly safeguard the rights and interests of my client. Please consider this letter as a formal notice of my intentions and a request for the court's intervention to protect my rights in this matter. I kindly request a prompt response to address and resolve these concerns. Thank you for your attention to this matter. I look forward to your prompt response. Sincerely, [Your Name]
Florida Sample Letter for Plaintiff's Motion for Protective Order, Motion to Quash, Objection to Notice of Deposition Duces Tecum
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How to fill out Florida Sample Letter For Plaintiff's Motion For Protective Order, Motion To Quash, Objection To Notice Of Deposition Duces Tecum?
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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.
Meaning of subpoenaing in English to order someone to go to a law court to answer questions: A friend of the victim was subpoenaed as a witness by lawyers representing the accused. [ + to infinitive ] They were subpoenaed to testify before the judge. to order that documents must be produced in a law court.
A motion for protective order does not automatically stay the deposition and the deposition shall proceed unless an order granting the motion is entered by the Court.
Subpoena duces tecum means ?a subpoena for the production of evidence? which requires the witness to produce documents, records, or other tangible objects for examination at a trial or hearing. Duces tecum in Latin means, ?you shall bring with you.?
On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought or the form requested is not reasonably accessible because of undue costs or burden.
Before filing the motion, you must do two things: (1) serve written objections to the deposition notice; and (2) meet and confer with opposing counsel before filing the motion. If you file a motion to quash, the deposition is automatically stayed pending the court's ruling. (§ 2025.410(c).)
Contrast with Motion to Quash Because timely serving written objections suspends a non-party's obligation to comply with a document subpoena pending a court order, the recipient of a document subpoena does not need to formally move to quash the subpoena.
Rule 45 provides the subpoenaed party with the opportunity to object to producing some or all of the potentially-responsive documents within a designated time frame (10 days under the North Carolina rules; 14 days under the Federal rules).
Do not ignore the subpoena. For many subpoenas, if you do not make objections within 7 to 14 days of receipt of the subpoena, you forever waive the right to object to all or any portion of the subpoena. Therefore, when you receive a subpoena, get in touch with your attorney right away.
In most types of cases, for the deposition of a party to the case, you must provide at least 10 days' notice if personally served, and 15 days' notice if served by mail within California (California Code of Civil Procedure (CCP) § 2025.270(a), § 1013).
