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Mississippi 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 Mississippi Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed in a court case that seeks to challenge the validity of a subpoena duces tecum. A subpoena duces tecum is a court order requiring a party to produce specific documents or evidence relevant to a case. In Mississippi, there are different types of motions to quash subpoenas based on the grounds that the subpoena is unreasonable and oppressive. These may include: 1. Motion to Quash Subpoena Ducks Cecum: This is a general motion that seeks to challenge the subpoena on the basis that it is unreasonable and oppressive. The party filing the motion argues that the burden of compliance with the subpoena outweighs its potential benefit to the case, and thus, it should be quashed. 2. Motion to Quash Subpoena Ducks Cecum for Overly Broad Request: This motion argues that the subpoena is unreasonably broad and seeks to compel the production of documents or evidence that is not relevant to the case. The party asserts that the subpoena should be quashed as it exceeds the permissible scope of discovery. 3. Motion to Quash Subpoena Ducks Cecum for Unduly Burdensome Request: This motion asserts that the subpoena imposes an undue burden on the party being subpoenaed. It argues that the time, effort, and cost required to comply with the subpoena are disproportionate to the potential value of the requested documents or evidence. 4. Motion to Quash Subpoena Ducks Cecum based on Privileged or Confidential Information: This motion contends that the documents or evidence sought by the subpoena are privileged or confidential and should be protected from disclosure. The party argues that the subpoena should be quashed to safeguard the privileged information. 5. Motion to Quash Subpoena Ducks Cecum for Lack of Relevance: This motion challenges the subpoena on the basis that the requested documents or evidence are not relevant to the issues in the case. The party argues that the subpoena should be quashed as the requested materials would not contribute to the resolution of the litigation. When filing a Mississippi Motion to Quash Subpoena Ducks Cecum on the Grounds that the Subpoena is Unreasonable and Oppressive, it is crucial to provide supporting arguments and cite relevant Mississippi statutes or case law to strengthen the motion's merit. Legal representation or consultation may be essential in ensuring the motion adheres to all legal requirements and effectively challenges the subpoena.

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How to fill out Mississippi Motion To Quash Subpoena Duces Tecum On The Grounds That Subpoena Is Unreasonable And Oppressive?

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FAQ

Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued.

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.

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.

Undue Burden. Subpoena recipients often object on the ground that compliance with the subpoena is unduly burdensome and expensive. 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.

Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests.

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. ...

Objections: The other party or witness has the right to object to the subpoena. If the other party objects to the subpoena, and you are not able to reach a written agreement to change the language of the subpoena, he or she must file a request for order to quash the subpoena.

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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Paragraph 45(d)(2)(C), provides that upon motion the court may (1) quash or modify the subpoena if it is unreasonable or oppressive, or (2) condition the denial ... 22-Feb-2023 — An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under subsection (3) ...Bailey and Family Health Care moved the court to quash the subpoenas based on a number of grounds. First, Dr. Bailey asserts that he is the "target" of an ... Plaintiff respectfully requests that the Court grant this motion and quash the subpoenas identified in Exhibit “A” for the reasons set ... (subpoenas duces tecum ... A subpoena duces tecum may command a person to whom it is directed to produce the books, papers, documents or tangible things designated therein, but on motion ... 15-Jul-2020 — While any subpoena should be quashed if it is "unreasonable and oppressive," a subpoena on the Attorney General is exceptionally burdensome. by EE Long · 2018 — The subpoena seeks relevant information, and Defendants did not satisfy their burden to show that the subpoena is unreasonable and oppressive. 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. A reporter faced with a subpoena may file a motion with the court to quash that subpoena. The burden to defeat a motion to quash lies with the party seeking ... STATE WATER CONTRACTORS' MOTION TO QUASH SUBPOENA DUCES TECUM, OR, IN THE. ALTERNATIVE, MOTION FOR PROTECTIVE ORDER. Page 6. 1 SWC's documents. BBID has ...

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