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Massachusetts 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.


Massachusetts Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal remedy used by individuals or organizations in Massachusetts to challenge a subpoena that they believe to be unfair, burdensome, or oppressive. This motion seeks to protect the rights of the party being subpoenaed and ensure justice is served fairly. In Massachusetts, there are various types of motions to quash a subpoena duces tecum on the grounds of unreasonableness and oppression. Some of these include: 1. General Motion to Quash Subpoena Ducks Cecum: This is the most common type of motion and is used when a party feels that the subpoena is imposing an undue burden or is unreasonable in its scope or demands. 2. Motion to Quash Subpoena Ducks Cecum based on Lack of Relevance: This type of motion asserts that the requested documents or information are not relevant to the case at hand and therefore should not be compelled via the subpoena. 3. Motion to Quash Subpoena Ducks Cecum due to Privilege: This motion argues that the documents or information sought by the subpoena are protected by various privileges, such as attorney-client privilege, doctor-patient privilege, or spousal privilege. 4. Motion to Quash Subpoena Ducks Cecum for Over breadth: This motion challenges a subpoena that seeks to acquire an excessive amount of information or documents, which exceeds what is required for the case. 5. Motion to Quash Subpoena Ducks Cecum based on Constitutional Grounds: This type of motion asserts that the subpoena violates the individual's constitutional rights, such as the Fourth Amendment protection against unreasonable searches and seizures. When filing a Massachusetts Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, it is important to provide detailed arguments supporting the claim of unreasonableness and oppression. This may include explaining why the subpoena places an undue burden on the party, demonstrating the lack of relevance of the requested documents, or establishing the violation of constitutional rights. Attaining legal counsel is recommended to ensure the best possible defense against an oppressive subpoena.

Massachusetts Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal remedy used by individuals or organizations in Massachusetts to challenge a subpoena that they believe to be unfair, burdensome, or oppressive. This motion seeks to protect the rights of the party being subpoenaed and ensure justice is served fairly. In Massachusetts, there are various types of motions to quash a subpoena duces tecum on the grounds of unreasonableness and oppression. Some of these include: 1. General Motion to Quash Subpoena Ducks Cecum: This is the most common type of motion and is used when a party feels that the subpoena is imposing an undue burden or is unreasonable in its scope or demands. 2. Motion to Quash Subpoena Ducks Cecum based on Lack of Relevance: This type of motion asserts that the requested documents or information are not relevant to the case at hand and therefore should not be compelled via the subpoena. 3. Motion to Quash Subpoena Ducks Cecum due to Privilege: This motion argues that the documents or information sought by the subpoena are protected by various privileges, such as attorney-client privilege, doctor-patient privilege, or spousal privilege. 4. Motion to Quash Subpoena Ducks Cecum for Over breadth: This motion challenges a subpoena that seeks to acquire an excessive amount of information or documents, which exceeds what is required for the case. 5. Motion to Quash Subpoena Ducks Cecum based on Constitutional Grounds: This type of motion asserts that the subpoena violates the individual's constitutional rights, such as the Fourth Amendment protection against unreasonable searches and seizures. When filing a Massachusetts Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, it is important to provide detailed arguments supporting the claim of unreasonableness and oppression. This may include explaining why the subpoena places an undue burden on the party, demonstrating the lack of relevance of the requested documents, or establishing the violation of constitutional rights. Attaining legal counsel is recommended to ensure the best possible defense against an oppressive subpoena.

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FAQ

A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.

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.

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.

Rule 45(b) states that "upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, [a deponent or witness] may (1) Quash or modify the subpoena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the person in whose ...

Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests.

The Subpoena Requires the Disclosure of Privileged or Confidential Information. Federal Rule of Civil Procedure 45 allows a court to quash a subpoena that requires a party to produce certain sensitive information.

Rule 45-Subpoena. (a) Form; Issuance. (D) set forth the text of subdivisions (c) and (d) of this rule. A command to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately.

Rule 45(d)(3)(B)and (C) identify circumstances in which a court may grant a motion to quash or modify the subpoena unless the party serving the subpoena shows a substantial need and the court can devise an appropriate accommodation to protect the interests of the witness.

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Apr 1, 2015 — Quashing or modifying a subpoena which is unreasonable is well established in Massachusetts practice. ... a subpoena duces tecum the right to seek ... (2) Quashing or Modifying the Subpoena. On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive. ( ...Feb 10, 2022 — Motions to Modify or Quash a Subpoena Duces Tecum. A person commanded ... subpoena was oppressive and unreasonable"). North Carolina's ... 17(c) allows the court in a criminal proceeding to quash a subpoena duces tecum that it determines to be unreasonable or oppressive. Where information ... A reporter faced with a subpoena may file a motion with the court to quash that subpoena. ... a subpoena duces tecum, but it is not necessary. This is because CR ... 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 ... A court may quash a subpoena where compliance would be unreasonable or ... In re Subpoena Duces Tecum,. 829 F.2d 1291, 1296 n.5 (4th Cir. 1987). The ... 17.3(c) (“The court, on motion made promptly, may dismiss or modify a subpoena duces tecum if compliance therewith would be unreasonable, oppressive, or ... 17(c) requires a court, on motion, to block the enforcement of an unreasonable or oppressive subpoena by modifying or quashing the subpoena. Although the ... All requests for the issuance of a subpoena duces tecum shall be submitted in ... unreasonable, oppressive, excessive in scope or unduly burdensome. No attempt ...

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