• US Legal Forms

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

State:
Multi-State
Control #:
US-02676BG
Format:
Word; 
Rich Text
Instant download

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.


An Illinois Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed by a party in a lawsuit to challenge the validity and enforceability of a subpoena duces tecum. This type of affidavit aims to terminate the requirement to produce specific documents or materials requested by the opposing party through the subpoena. In Illinois, there are different types of affidavits that can be used to support a motion to quash a subpoena on the grounds that it is unreasonable and oppressive. These affidavits include: 1. Affidavit of the subpoena recipient: This affidavit serves as the primary support for the motion and outlines the reasons why the subpoena is unreasonable and oppressive. It may include details such as the burden or hardship imposed by complying with the subpoena, the lack of relevance or necessity of the requested documents, and any other factors that demonstrate the unfairness or unreasonableness of the subpoena. 2. Affidavit of a witness or expert: In some cases, a third-party witness or expert may submit an affidavit in support of the motion to quash. This affidavit can provide additional evidence or arguments related to the unreasonableness and oppressiveness of the subpoena from their perspective, especially if they have unique insights or knowledge that support their position. 3. Attorney affidavit: Attorneys handling the case may also submit their own affidavits in support of the motion. These affidavits can provide legal arguments, precedent cases, and other relevant information to persuade the court that the subpoena should be quashed based on its unreasonableness and oppressiveness. In the Illinois Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, there are several important keywords that should be incorporated to indicate relevance: — Illinois legal system: This affidavit applies specifically to the legal context and procedures within the state of Illinois, ensuring it is relevant to Illinois-specific laws and regulations. — Affidavit: The document itself is an affidavit, a written sworn statement made under oath and penalty of perjury, ensuring the accuracy and truthfulness of the information provided. — Motion to quash: This affidavit supports a motion to quash, which means to nullify or invalidate the subpoena, rendering it unenforceable. — Subpoena duces tecum: This affidavit challenges a subpoena duces tecum, which is a legal order requiring the production of documents or materials necessary for the case. — Unreasonable and oppressive: These keywords emphasize the main grounds on which the motion to quash is based, arguing that the subpoena is excessive, burdensome, or unfairly intrusive. By effectively utilizing these relevant keywords and providing a comprehensive description, this content offers an overview of the Illinois Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, including its types and essential elements.

An Illinois Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed by a party in a lawsuit to challenge the validity and enforceability of a subpoena duces tecum. This type of affidavit aims to terminate the requirement to produce specific documents or materials requested by the opposing party through the subpoena. In Illinois, there are different types of affidavits that can be used to support a motion to quash a subpoena on the grounds that it is unreasonable and oppressive. These affidavits include: 1. Affidavit of the subpoena recipient: This affidavit serves as the primary support for the motion and outlines the reasons why the subpoena is unreasonable and oppressive. It may include details such as the burden or hardship imposed by complying with the subpoena, the lack of relevance or necessity of the requested documents, and any other factors that demonstrate the unfairness or unreasonableness of the subpoena. 2. Affidavit of a witness or expert: In some cases, a third-party witness or expert may submit an affidavit in support of the motion to quash. This affidavit can provide additional evidence or arguments related to the unreasonableness and oppressiveness of the subpoena from their perspective, especially if they have unique insights or knowledge that support their position. 3. Attorney affidavit: Attorneys handling the case may also submit their own affidavits in support of the motion. These affidavits can provide legal arguments, precedent cases, and other relevant information to persuade the court that the subpoena should be quashed based on its unreasonableness and oppressiveness. In the Illinois Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, there are several important keywords that should be incorporated to indicate relevance: — Illinois legal system: This affidavit applies specifically to the legal context and procedures within the state of Illinois, ensuring it is relevant to Illinois-specific laws and regulations. — Affidavit: The document itself is an affidavit, a written sworn statement made under oath and penalty of perjury, ensuring the accuracy and truthfulness of the information provided. — Motion to quash: This affidavit supports a motion to quash, which means to nullify or invalidate the subpoena, rendering it unenforceable. — Subpoena duces tecum: This affidavit challenges a subpoena duces tecum, which is a legal order requiring the production of documents or materials necessary for the case. — Unreasonable and oppressive: These keywords emphasize the main grounds on which the motion to quash is based, arguing that the subpoena is excessive, burdensome, or unfairly intrusive. By effectively utilizing these relevant keywords and providing a comprehensive description, this content offers an overview of the Illinois Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, including its types and essential elements.

Free preview
  • Form preview
  • Form preview

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

You are able to spend hrs on the web attempting to find the lawful file template that meets the state and federal specifications you want. US Legal Forms gives thousands of lawful forms which can be analyzed by specialists. You can easily download or printing the Illinois Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive from my assistance.

If you currently have a US Legal Forms accounts, you may log in and click the Acquire button. Next, you may complete, revise, printing, or indication the Illinois Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive . Every single lawful file template you get is your own eternally. To acquire another duplicate of any acquired type, visit the My Forms tab and click the corresponding button.

If you are using the US Legal Forms web site for the first time, adhere to the easy directions under:

  • Very first, make sure that you have selected the best file template for the area/city of your liking. Read the type outline to make sure you have chosen the correct type. If accessible, use the Review button to search from the file template at the same time.
  • If you want to locate another edition in the type, use the Search area to find the template that fits your needs and specifications.
  • After you have found the template you would like, simply click Buy now to proceed.
  • Pick the pricing plan you would like, key in your references, and register for your account on US Legal Forms.
  • Complete the transaction. You can use your charge card or PayPal accounts to fund the lawful type.
  • Pick the formatting in the file and download it to the product.
  • Make adjustments to the file if necessary. You are able to complete, revise and indication and printing Illinois Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive .

Acquire and printing thousands of file templates while using US Legal Forms web site, which provides the biggest variety of lawful forms. Use professional and express-certain templates to handle your small business or individual needs.

Form popularity

FAQ

The Hearing Examiner, upon motion, may quash or modify a subpoena or subpoena duces tecum for good cause shown, including, without limitation, a showing that the subpoena is unreasonable or oppressive or relates to irrelevant or immaterial matters.

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).

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).

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 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. ...

Time to Object Under FRCP 45(d)(2)(B) Absent an agreement or court order stating otherwise, a subpoena recipient must serve any written objections on the party or attorney designated in the subpoena before the earlier of: The subpoena's return date (which issuing counsel sets). 14 days after the subpoena is served.

Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests. Insufficient time to reply. Disclosure of privileged or confidential information. Disclosure of trade secrets. Undue burden or expense. Inaccessible data.

Interesting Questions

More info

Jan 9, 2012 — Because it. is issued against a non-party, it is unreasonably burdensome, and should be either quashed in its entirety or dramatically limited. 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.... quashing the subpoena on the grounds that the subpoena is oppressive or unreasonable or that the subpoena seeks privileged documents or records. (e) Ex ... May 24, 2020 — A Motion to Quash can be filed by either party in a case. It is commonly used to quash: Service of process. A subpoena. ... a motion, supported by affidavit, that specifies the grounds for dismissal. ... subpoena duces tecum or may condition the denial of the motion to quash or modify ... Sep 21, 2020 — ... a motion, supported by affidavit, that specifies the grounds ... or subpoena duces tecum or may condition the denial of the motion to quash or ... ... file the following documents in connection with its motion to quash: ▫ A notice of motion. ▫ A memorandum of law. ▫ Supporting affidavits (or declarations). Denial of a motion to quash may, in the case of a subpoena duces tecum, be conditioned upon the advancement, by the party who requested the subpoena, of the ... ) Our supreme court has emphasized that a court must not hesitate to act on motions to quash subpoenas which are "oppressive, unreasonable or overbroad. by MD Stern · 1988 · Cited by 94 — 1981) (an order denying a motion to quash a subpoena duces tecum served on a corporation's outside counsel is not immediately reviewable);. In re Oberkoetter, ...

Trusted and secure by over 3 million people of the world’s leading companies

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