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The subpoenaed information could be sensitive, embarrassing, or bad for business. Naturally, many subpoenaed people and companies argue in court that they shouldn't have to comply with the subpoena. This process is known as ?quashing? a subpoena.
If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order. 2. Filing an objection or a notice of intent The Reporters Committee for Freedom of the Press ? privilege-sections ? 2-filing-an... The Reporters Committee for Freedom of the Press ? privilege-sections ? 2-filing-an...
A motion to quash is timely if made before the date specified in the subpoena for compliance. In considering a motion to quash, the trial court may hold a hearing and, as necessary, entertain any relevant testimony.
Complying with the subpoena duces tecum means you must produce every document requested that is under your control. If any of the documents aren't in your possession, then you or your attorney must submit (and have granted) a motion to modify the scope of the subpoena before the set date. 3 Ways to Respond To a Subpoena - wikiHow wikihow.com ? Respond-To-a-Subpoena wikihow.com ? Respond-To-a-Subpoena
In law, a motion to quash is a formal request made to a court to declare a specific proceeding, such as a subpoena, an arrest warrant, or a legal complaint, as invalid or void. The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question.
Plaintiff John Doe, by and through his undersigned counsel, requests this Honorable Court quash the subpoena served on ABC Investigative Solutions, LLC (ABC) because: The subpoena directs the Custodian of Records for ABC to produce the requested documents in two different locations: Washington and Lincoln, 2 N. Sample Motion to Quash Deposition - Miller & Zois, Attorneys at Law millerandzois.com ? pre-trial ? motion-quas... millerandzois.com ? pre-trial ? motion-quas...
Contrast with Motion to Quash Because timely serving written objections suspends a non-party's obligation to comply with a document subpoena pending a court order, the recipient of a document subpoena does not need to formally move to quash the subpoena. Responding to a Subpoena (Federal) - Weil, Gotshal & Manges LLP weil.com ? media ? files ? pdfs ? subpoenas... weil.com ? media ? files ? pdfs ? subpoenas...
Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests.