This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Rhode Island Motion to Quash Deposition Subpoena Duces Tecum
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State:
Multi-State
Control #:
US-PI-0042
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Word;
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Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed in contempt of the court in which the action is pending.
Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if the person's attendance is commanded, by tendering to that person the fees for one (1) day's attendance and the mileage allowed by law.
Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.
An action may be dismissed by the plaintiff without order of court (A) By filing notice of dismissal at any time before service by the adverse party of an answer or a responsive pleading or a motion for summary judgment, whichever first occurs; or (B) By filing a stipulation of dismissal signed by all parties who have ...
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. ...
Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.
A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the ?discovery process? before trial and may not be used in an actual court hearing.
One of the most notable revisions to Rule 45 is its simplification of the rules governing the issuance of. subpoenas. Subdivision (a) of the revised rule now provides that a subpoena must issue from the court where the. action is pending rather than from the court where compliance is required.1.
