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.
An affidavit is a written statement made under oath that serves as evidence in a legal matter. In the state of Utah, an Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive can be filed when a party believes that a subpoena issued against them is unreasonable or unduly burdensome. In this particular type of affidavit, the affine (the person submitting the affidavit) provides detailed information and arguments supporting their motion to quash the subpoena duces tecum. They must demonstrate to the court that the subpoena is both unreasonable and oppressive, which means it places an unnecessary burden on the party being subpoenaed. Keywords: Utah, affidavit, support, motion to quash, subpoena duces tecum, unreasonable, oppressive. In Utah, there may not be specific subtypes of this affidavit, but multiple situations can lead to its relevance. Some potential variations or situations that may require the use of this affidavit could include: 1. Unreasonable subpoena: When the subpoena seeks documents or information that are not relevant, overly broad, or unrelated to the case at hand. The affine can argue that the scope of the subpoena goes beyond what is reasonably necessary for the case. 2. Oppressive subpoena: When complying with the subpoena would cause extreme hardship, financial burden, or compromise the privacy of the party being subpoenaed. The affine can explain any undue burden that would result from producing the requested documents or information. 3. Violation of privileges: If complying with the subpoena would require disclosing privileged or protected information, such as attorney-client privilege or doctor-patient confidentiality. The affine can assert that the subpoena infringes on their rights to confidentiality or attorney-client privilege. 4. Overreach by opposing party: If the subpoena appears to be a form of harassment, intimidation, or an attempt to gain an unfair advantage in the litigation process. The affine can provide evidence or arguments supporting their claim that the subpoena is being used to oppress or burden them. In all cases, the affine needs to provide a detailed and substantiated explanation of why the subpoena is unreasonable and oppressive. They may include relevant case law, legal arguments, and factual evidence to support their motion to quash the subpoena duces tecum. Remember, it's crucial to consult a qualified attorney or legal professional to ensure that your affidavit adheres to the specific requirements and guidelines set forth by the Utah court system.
