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Maryland Affidavit in Support of 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.


A Maryland Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed in the state of Maryland when an individual or entity believes that a subpoena issued against them is burdensome, unjust, or seeks irrelevant or unnecessary information. This affidavit is used to support a motion to have the subpoena quashed or set aside. When drafting this affidavit, it is important to provide detailed information explaining why the subpoena should be quashed. This can include highlighting specific reasons such as: 1. Unreasonable and Oppressive Nature of the Subpoena: Detail how the subpoena places an undue burden on the party by requiring a significant amount of time, effort, or resources to comply. Explain how it disrupts normal business operations or personal affairs. Keywords: unreasonable, burdensome, oppressive, undue burden, disrupt, disrupts business operations, disrupts personal affairs. 2. Irrelevance of the Requested Documents or Information: Outline why the documents or information sought by the subpoena are not relevant to the case at hand. Provide arguments supporting your position that the requested materials do not contribute to the resolution of the legal matter. Keywords: irrelevant, not relevant, lack of relevance, unrelated to the case, unnecessary. 3. Availability of the Requested Information Elsewhere: Demonstrate that the documents or information sought by the subpoena can be obtained from other sources, making the subpoena unnecessary. Keywords: available elsewhere, obtainable through alternative means, obtainable through less intrusive methods. 4. Overreach or Abuse of Process: Highlight any potential abuse of the legal process, improper motive, or excessive breadth in the scope of the subpoena. Explain how it exceeds what is reasonable or customary in similar cases. Keywords: abuse of process, improper motive, excessive breadth, overreach, unreasonable scope. Keep in mind that there might be variations or different types of this affidavit based on the type of legal matter or specific circumstances. The specifics of the case and the relevant laws in Maryland should be considered while tailoring the language and arguments in the affidavit to address the unique concerns and requirements of the situation. It is always advisable to consult with an attorney familiar with Maryland law to ensure proper compliance and effectiveness of legal documents.

A Maryland Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed in the state of Maryland when an individual or entity believes that a subpoena issued against them is burdensome, unjust, or seeks irrelevant or unnecessary information. This affidavit is used to support a motion to have the subpoena quashed or set aside. When drafting this affidavit, it is important to provide detailed information explaining why the subpoena should be quashed. This can include highlighting specific reasons such as: 1. Unreasonable and Oppressive Nature of the Subpoena: Detail how the subpoena places an undue burden on the party by requiring a significant amount of time, effort, or resources to comply. Explain how it disrupts normal business operations or personal affairs. Keywords: unreasonable, burdensome, oppressive, undue burden, disrupt, disrupts business operations, disrupts personal affairs. 2. Irrelevance of the Requested Documents or Information: Outline why the documents or information sought by the subpoena are not relevant to the case at hand. Provide arguments supporting your position that the requested materials do not contribute to the resolution of the legal matter. Keywords: irrelevant, not relevant, lack of relevance, unrelated to the case, unnecessary. 3. Availability of the Requested Information Elsewhere: Demonstrate that the documents or information sought by the subpoena can be obtained from other sources, making the subpoena unnecessary. Keywords: available elsewhere, obtainable through alternative means, obtainable through less intrusive methods. 4. Overreach or Abuse of Process: Highlight any potential abuse of the legal process, improper motive, or excessive breadth in the scope of the subpoena. Explain how it exceeds what is reasonable or customary in similar cases. Keywords: abuse of process, improper motive, excessive breadth, overreach, unreasonable scope. Keep in mind that there might be variations or different types of this affidavit based on the type of legal matter or specific circumstances. The specifics of the case and the relevant laws in Maryland should be considered while tailoring the language and arguments in the affidavit to address the unique concerns and requirements of the situation. It is always advisable to consult with an attorney familiar with Maryland law to ensure proper compliance and effectiveness of legal documents.

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

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FAQ

A witness served with a subpoena under this Rule is liable to body attachment and fine for failure to obey the subpoena without sufficient excuse. The writ of attachment may be executed by the sheriff or peace officer of any county and shall be returned to the court issuing it.

A subpoena may be served by a sheriff of any county or by any person who is not a party and who is not less than 18 years of age. A person may not serve or attempt to serve a subpoena more than 60 days after its issuance.

Rule 2-551 - In Banc Review (a) Generally. When review by a court in banc is permitted by the Maryland Constitution, a party may have a judgment or determination of any point or question reviewed by a court in banc by filing a notice for in banc review.

The objection shall be in writing and shall state the reasons for the objection. If an objection is filed, the party serving the subpoena is not entitled to production of the materials except pursuant to an order of the court from which the subpoena was issued.

Rule 2-501 - Motion for Summary Judgment (a) Motion. Any party may file a written motion for summary judgment on all or part of an action on the ground that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law.

2 In relevant part, Maryland Rule 2-519 provides as follows: (a) Generally. A party may move for judgment on any or all of the issues in any action at the close of the evidence offered by an opposing party, and in a jury trial at the close of all the evidence.

IF YOU HAVE ANY OBJECTION TO THE PRODUCTION OF THESE DOCUMENTS, YOU MUST FILE A MOTION FOR A PROTECTIVE ORDER OR A MOTION TO QUASH THE SUBPOENA ISSUED FOR THESE DOCUMENTS UNDER MARYLAND RULES 2-403, 2-510, OR 4-266 NO LATER THAN THIRTY (30) DAYS FROM THE DATE THIS NOTICE IS MAILED.

Rule 2-412 - Deposition-Notice (a) Generally. A party desiring to take a deposition shall serve a notice of deposition upon oral examination at least ten days before the date of the deposition or a notice of deposition upon written questions in ance with Rule 2-417.

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(2) A subpoena may be used to compel a party over whom the court has acquired jurisdiction to attend, give testimony, and produce and permit inspection, copying ... 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.Jan 2, 2004 — 1 Contemporaneously with the preparation of this Motion, BCBSTX prepared a supporting affidavit to be signed by a BCBSTX employee with ... A subpoena recipient must preserve responsive documents and information regardless of whether it believes that the subpoena is objectionable. If the recipient ... This Q&A addresses the requirements for complying with a discovery subpoena, objecting to a discovery subpoena seeking documents, moving to quash a discovery. Feb 2, 2015 — a subpoena, including a subpoena duces tecum, compelling the attendance of such witness at that deposition, or the production of documents ... A subpoena must state the court's name and the title of the proceeding, include the seal of the court, and command the witness to attend and testify at the time ... Jul 26, 2023 — A subpoena duces tecum shall include a designation of the documents, recordings, photographs, or other tangible things, not privileged, that are ... Motions to Modify or Quash a Subpoena Duces Tecum. A person commanded by a subpoena duces tecum to produce items may test the relevancy and materiality (but ... In denying the motion to quash, the trial court ordered the parents to permit a defense expert to search their home computer and retrieve emails written by B.G..

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