Maine Motion to Quash Deposition Subpoena Ducks Cecum is a legal document filed by a party involved in a court case to challenge the validity, relevance, or scope of a subpoena duces tecum issued for a deposition. When a subpoena duces tecum is issued, it requires the individual to produce specific documents or materials relevant to the case during their deposition testimony. A motion to quash challenges the enforcement of the subpoena, asserting that it is unjust, unduly burdensome, or violates legal rights. This motion is typically filed by the party who received the subpoena, with the intention of preventing the disclosure or production of certain documents or materials. In Maine, there are several types of motions to quash a deposition subpoena duces tecum, which include: 1. Standard Motion to Quash Deposition Subpoena Ducks Cecum: Filed when the subpoena infringes on the privilege or rights of the party served, such as attorney-client privilege, trade secrets, or privileged communication. 2. Motion to Quash Deposition Subpoena Ducks Cecum on Grounds of Over breadth: Filed when the subpoena seeks documents or materials that are irrelevant, not reasonably calculated to lead to admissible evidence, or are unduly burdensome to produce. 3. Motion to Quash Deposition Subpoena Ducks Cecum on Grounds of Privilege: Filed when the subpoena requests the production of documents or materials that are protected by privilege, such as attorney work product privilege, physician-patient privilege, or spousal privilege. 4. Motion to Quash Deposition Subpoena Ducks Cecum Based on Lack of Notice: Filed when the party served with the subpoena did not receive proper notice or sufficient time to comply before the deposition. 5. Motion to Quash Deposition Subpoena Ducks Cecum on Grounds of Irrelevance: Filed when the subpoena seeks documents or materials that have no bearing on the issues present in the case or are not reasonably calculated to lead to the discovery of admissible evidence. It is important to note that filing a motion to quash does not automatically guarantee that the subpoena will be quashed. The court will review the motion and make a ruling based on the specific circumstances of the case and the arguments presented by both parties.
Maine Motion to Quash Deposition Subpoena Duces Tecum
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How to fill out Maine Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
The justice or judge before whom an action has been tried may on motion grant a new trial to all or any of the parties and on all or part of the issues for any of the reasons for which new trials have heretofore been granted in actions at law or in suits in equity in the courts of this state.
You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. If you fail to appear, you may be in contempt of court.
The party served with the subpoena duces tecum must then appear in court on the date and time specified with the requested information and turn it over directly to the presiding judge.
Within 10 days after its service, or on or before the time specified in the subpoena for compliance if the time is less than 10 days after service, the person to whom the subpoena is directed may serve written objection to inspection or copying of any of the designated materials.
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.
(a) Form; Issuance. (1) Every subpoena shall. (A) state the name of the court from which it is issued; and. (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and.
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.
(d) Quashing Subpoena. Any person to whom a subpoena has been issued under this rule may object to the subpoena, or may move to quash or modify the subpoena, as set forth in Rule 45 of the Maine Rules of Civil Procedure, and may appear through legal counsel for that purpose.