Massachusetts Motion to Quash Deposition Subpoena Duces Tecum

State:
Multi-State
Control #:
US-PI-0042
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.

A Massachusetts Motion to Quash Deposition Subpoena Ducks Cecum is a legal document used in Massachusetts courts to challenge or seek the cancellation of a subpoena duces tecum issued for a deposition. This motion is typically filed by a party or a witness who believes that the subpoena is invalid, unreasonable, or unduly burdensome. The purpose of the motion is to request the court to render a decision to either cancel or modify the subpoena in question. The content of the motion should address specific legal grounds, supported by relevant facts and legal authorities, which justify why the deposition subpoena should be quashed. Keyword: Massachusetts Motion to Quash Deposition Subpoena Ducks Cecum Different types of Massachusetts Motions to Quash Deposition Subpoena Ducks Cecum may include: 1. Invalid Subpoena: This type of motion challenges the legality of the subpoena, asserting that it fails to meet the necessary procedural requirements or that it was not properly served. 2. Lack of Relevance: An individual or party filing this motion argues that the requested documents or testimony are not pertinent to the case at hand and should be deemed irrelevant. 3. Unduly Burdensome: When the burden imposed by complying with the subpoena is excessive, a motion to quash can be filed to request the court's intervention in order to reduce or eliminate the burden. 4. Privileged or Confidential Information: This motion asserts that the sought-after documents or testimony are protected by attorney-client privilege, doctor-patient confidentiality, or any other legally recognized privilege. 5. Over broad Scope: If the subpoena is overly broad and requests an unreasonably large volume of documents or an excessive span of time for the deposition, a motion to quash can be filed to narrow down the scope. 6. Other Appropriate Grounds: A motion to quash may also be filed based on other applicable legal grounds, such as harassment, improper motive, lack of notice, or any other justified reason to challenge the validity of the subpoena duces tecum. It is important to note that the specific language and requirements for filing a Massachusetts Motion to Quash Deposition Subpoena Ducks Cecum may vary depending on the local rules of the court where the case is being heard. Therefore, it is advisable to consult with an attorney who specializes in Massachusetts civil procedure before drafting and filing such a motion to ensure compliance with the necessary procedures and legal standards.

A Massachusetts Motion to Quash Deposition Subpoena Ducks Cecum is a legal document used in Massachusetts courts to challenge or seek the cancellation of a subpoena duces tecum issued for a deposition. This motion is typically filed by a party or a witness who believes that the subpoena is invalid, unreasonable, or unduly burdensome. The purpose of the motion is to request the court to render a decision to either cancel or modify the subpoena in question. The content of the motion should address specific legal grounds, supported by relevant facts and legal authorities, which justify why the deposition subpoena should be quashed. Keyword: Massachusetts Motion to Quash Deposition Subpoena Ducks Cecum Different types of Massachusetts Motions to Quash Deposition Subpoena Ducks Cecum may include: 1. Invalid Subpoena: This type of motion challenges the legality of the subpoena, asserting that it fails to meet the necessary procedural requirements or that it was not properly served. 2. Lack of Relevance: An individual or party filing this motion argues that the requested documents or testimony are not pertinent to the case at hand and should be deemed irrelevant. 3. Unduly Burdensome: When the burden imposed by complying with the subpoena is excessive, a motion to quash can be filed to request the court's intervention in order to reduce or eliminate the burden. 4. Privileged or Confidential Information: This motion asserts that the sought-after documents or testimony are protected by attorney-client privilege, doctor-patient confidentiality, or any other legally recognized privilege. 5. Over broad Scope: If the subpoena is overly broad and requests an unreasonably large volume of documents or an excessive span of time for the deposition, a motion to quash can be filed to narrow down the scope. 6. Other Appropriate Grounds: A motion to quash may also be filed based on other applicable legal grounds, such as harassment, improper motive, lack of notice, or any other justified reason to challenge the validity of the subpoena duces tecum. It is important to note that the specific language and requirements for filing a Massachusetts Motion to Quash Deposition Subpoena Ducks Cecum may vary depending on the local rules of the court where the case is being heard. Therefore, it is advisable to consult with an attorney who specializes in Massachusetts civil procedure before drafting and filing such a motion to ensure compliance with the necessary procedures and legal standards.

Free preview
  • Form preview
  • Form preview
  • Form preview

How to fill out Massachusetts Motion To Quash Deposition Subpoena Duces Tecum?

US Legal Forms - one of several most significant libraries of lawful types in the United States - offers an array of lawful record web templates you may obtain or printing. Utilizing the web site, you may get a large number of types for business and individual reasons, sorted by classes, says, or keywords and phrases.You can get the most recent variations of types just like the Massachusetts Motion to Quash Deposition Subpoena Duces Tecum in seconds.

If you have a registration, log in and obtain Massachusetts Motion to Quash Deposition Subpoena Duces Tecum from the US Legal Forms catalogue. The Obtain button can look on each and every form you perspective. You gain access to all earlier downloaded types inside the My Forms tab of the profile.

In order to use US Legal Forms initially, listed below are basic guidelines to obtain started off:

  • Ensure you have selected the proper form for your personal metropolis/county. Click on the Review button to examine the form`s information. Read the form information to ensure that you have selected the correct form.
  • When the form does not fit your needs, make use of the Look for industry near the top of the display to obtain the one that does.
  • When you are pleased with the form, validate your decision by clicking the Acquire now button. Then, opt for the rates prepare you favor and supply your credentials to register to have an profile.
  • Approach the purchase. Utilize your charge card or PayPal profile to accomplish the purchase.
  • Find the format and obtain the form on the device.
  • Make modifications. Fill out, edit and printing and indication the downloaded Massachusetts Motion to Quash Deposition Subpoena Duces Tecum.

Each and every design you included in your account lacks an expiration particular date and is your own property permanently. So, if you want to obtain or printing yet another version, just visit the My Forms segment and click in the form you require.

Get access to the Massachusetts Motion to Quash Deposition Subpoena Duces Tecum with US Legal Forms, probably the most substantial catalogue of lawful record web templates. Use a large number of skilled and state-distinct web templates that meet up with your organization or individual requires and needs.

Form popularity

FAQ

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. ...

By motion made promptly, the producent can have the court modify or quash the subpoena if it is unreasonable and oppressive, or require the party seeking the production to pay the costs thereof. Quashing or modifying a subpoena which is unreasonable is well established in Massachusetts practice.

Any person to whom a subpoena is directed, or any party, may file a motion to quash or limit the subpoena. The motion must be filed with the judge, and it must include the reasons why compliance with the subpoena should not be required or the reasons why the subpoena's scope should be limited.

A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the ?discovery process? before trial and may not be used in an actual court hearing.

The court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is ...

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 ...

Fill out and file a Request to Quash the Subpoena. Give your reasons for your objections to the Subpoena and what it is asking for. You can object to having to attend the hearing or trial, and explain why. You can object to bringing some or all the documents that the other party requested in his or her Subpoena.

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person, or by exhibiting it and reading it to him, or by leaving a copy at his place of abode; and by tendering to him the fees for one day's attendance and the mileage allowed by law.

Interesting Questions

More info

Apr 1, 2015 — ... a deposition subpoena duces tecum on another party. A subpoena is unnecessary to compel a party to appear or to produce documents at a ... May 31, 2023 — Subpoena duces tecum for records of the Office of the Commissioner of Probation ... Are deposition subpoenas enforceable in Massachusetts civil ...Most motions to quash a subpoena involve timeliness, relevancy, improper court, undue burden, the time span covered, standing, and invasion of the attorney- ... ... the familiar Massachusetts practice of issuing subpoenas duces tecum. The ... By motion made promptly, the producent can have the court modify or quash the ... Commonly, a litigant in a civil suit simply wants to obtain specific documents from a non-party and does not anticipate that deposition testimony by the non- ... Nov 29, 2019 — Similarly, the subpoena recipient may file a motion to quash or modify the subpoena in the court where compliance is required. However, Rule ... subpoena duces tecum), a non-party subpoena recipient has a duty to identify ... A subpoena recipient must file any motion to quash or modify a subpoena with ... 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 ... May 1, 2003 — quash Plaintiffs' subpoena duces tecum served on May 1, 2003 ("Plaintiffs' Subpoena") (Exhibit A), the first day of the Phrase 1.5 trial. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the court for the district where compliance is required must quash or modify a ...

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

Massachusetts Motion to Quash Deposition Subpoena Duces Tecum