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Mississippi Motion for Quash Subpoena Duces Tecum

Mississippi Subpoena Duces

Name: Mississippi Motion for Quash Subpoena Duces Tecum
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.65 (261 reviews)

Category:

Mississippi Civil Actions - Dental Malpractice

State:

Mississippi

Control #:

MS-60592

Format:

Instant download

Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Quash Subpoena Duces Tecum, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-60592

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FAQ

Any employee whose employment records are sought by a subpoena duces tecum may bring a motion to quash. Note that non-party employees may object to a subpoena by serving written objections. 3. Any non-party who has been served with a business records subpoena may bring a motion to quash.

If you want to take the risk, save the money you would have spent on a motion to quash (lawyers often charge from $2,000 to more than $3,000) and instead use it to settle the case if: a) you are served a summons and complaint, or b) you are actually targeted in an individual lawsuit against you.

After the motion to quash is filed, the court will review the case and make its determination. For example, if the judge grants a motion to quash service, then the service on the defendant would be considered void. A motion to quash that is approved would also invalidate any applicable decisions from a lower court.

Under HIPAA, any subpoena duces tecum that is not accompanied by a court order must contain a written statement and accompanying documentation demonstrating that the requesting party made reasonable efforts to (1) notify the patient whose records are being requested, or (2) secure a qualified protective order.

A motion to quash must be based on valid grounds.If the court grants the motion, it may quash the subpoena entirely, modify it, or order that you comply with it on specified conditions. If the court denies the motion, you will usually have to comply with it as written.

3. Any non-party who has been served with a business records subpoena may bring a motion to quash. Note, however, that some case law holds that a non-party may simply serve written objections and is not required to bring a motion to quash. The discovery rules do not discriminate against nonparty deponents.

A court will usually grant a motion and quash a subpoena if it (i) does not allow you a reasonable time to respond (depending on the jurisdiction, a minimum of 10-14 days); (ii) requires that you produce documents at a location more than 100 miles away; (iii) subjects you to undue burden (i.e., excessive time,

Mississippi Subpoena Duces

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