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Michigan 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 Michigan Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document that seeks to challenge the validity and enforceability of a subpoena duces tecum, specifically on the grounds that it is unreasonable and oppressive. This motion is typically filed by the person or party who has been served with the subpoena and believes that compliance would result in an undue burden or hardship. In the state of Michigan, there are different types of motions to quash a subpoena duces tecum on the grounds of being unreasonable and oppressive. These include: 1. Personal Privacy: This type of motion seeks to protect an individual's privacy rights when the requested documents contain highly personal or sensitive information that is unrelated to the case. If the court finds that the subpoena seeks irrelevant or unnecessary personal information, it may quash the subpoena to protect the individual's privacy. 2. Over breadth: A motion based on over breadth argues that the subpoena is excessively broad or vague in its demands, and therefore unreasonable. The party filing the motion asserts that the subpoena extends beyond what is necessary for the case and may result in an unnecessary burden or invasion of privacy. 3. Burden of Production: This type of motion asserts that compliance with the subpoena would impose an undue burden or hardship on the subpoenaed party. The burden of production can be based on the voluminous nature of the requested documents, the costs associated with gathering or producing them, or the disruption it would cause to the normal course of business or personal life. 4. Relevance: A motion based on relevance challenges the subpoena by arguing that the requested documents are not reasonably calculated to lead to the discovery of admissible evidence. The party filing the motion contends that the subpoena is being used as a fishing expedition or harassment tactic rather than for legitimate discovery purposes. In preparing a Michigan Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, it is important to include the relevant keywords such as "Michigan," "motion to quash subpoena duces tecum," "unreasonable and oppressive," "privacy rights," "over breadth," "burden of production," and "relevance." These keywords will ensure that the document is both legally comprehensive and search engine optimized.

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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.

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.

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.

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).

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.

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.

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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. The motion must include a copy of the request and proof of service of the subpoena. The movant must serve the motion on the non-party as provided in MCR 2.105.If an appellant is aware of grounds for disqualification of a justice, the appellant must file a motion to disqualify with the application for leave to appeal. (a) Quash or modify a subpoena or subpoena ducestecum if it is unreasonable or oppressive or if it requires the production of evidence that is not relevant or ... Jan 9, 2012 — For the foregoing reasons, non party Complete respectfully requests that the. Administrative Law Judge quash, modify, or limit the Subpoena. Jun 19, 2014 — Pending before the Court is petitioner U.S. Department of the Treasury's (“Treasury”) renewed motion to quash a subpoena duces tecum and motion ... Jan 13, 2014 — As an initial matter, a court may quash a subpoena “if compliance would be unreasonable or oppressive.” Fed. R. Crim. P. 17(c)(2). Both ... Feb 17, 2022 — On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive. In theory, subsection ... by N Gross · 1983 · Cited by 1 — Furthermore, the district court may quash an unreasonable or op- pressive subpoena upon the recipient's motion under Rule 17(c) or FED. R. Crv. P. 45(b). §. 46-15-106(3) (“The court, upon a timely motion, may quash or modify a subpoena if compliance would be unreasonable or oppressive.”); Nev. Rev. Stat. Ann. §.

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