Washington Motion to Quash Deposition Subpoena Duces Tecum

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Multi-State
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US-PI-0042
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This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.

A Washington Motion to Quash Deposition Subpoena Ducks Cecum is a legal document filed with a court to challenge or block the enforcement of a deposition subpoena that requires the production of documents or tangible things. This motion seeks to protect the rights of a party being deposed by preventing the opposing party from obtaining certain documents or items. Keywords: Washington, motion to quash, deposition subpoena, duces tecum, legal document, challenge, block, enforcement, production, protect, party, deposed, opposing party, documents, tangible things. There are different types of Washington Motions to Quash Deposition Subpoena Ducks Cecum, depending on the specific circumstances and legal arguments being made. Some possible variations include: 1. Motion to Quash Deposition Subpoena Ducks Cecum on Grounds of Privilege: This motion is filed when the party believes that the requested documents or items are privileged information protected by attorney-client privilege, work product doctrine, or other applicable privileges. 2. Motion to Quash Deposition Subpoena Ducks Cecum for Over breadth: This motion is filed when the subpoena seeks to obtain a broad range of documents or items that are not relevant or proportional to the issues in the case. It argues that the subpoena is overly burdensome, oppressive, or seeks irrelevant or unreasonable information. 3. Motion to Quash Deposition Subpoena Ducks Cecum based on Lack of Relevance: This motion challenges the subpoena by asserting that the requested documents or items are not relevant to the claims or defenses in the case. It argues that the information sought does not have any bearing on the issues being litigated. 4. Motion to Quash Deposition Subpoena Ducks Cecum for Defects in Service: This motion is filed when the party believes that the subpoena was not properly served or fails to comply with the procedural requirements set forth in the Washington Rules of Civil Procedure. It asserts that the subpoena should be quashed due to improper delivery or lack of proper notice. 5. Motion to Quash Deposition Subpoena Ducks Cecum due to Undue Burden: This motion asserts that complying with the subpoena would pose an undue burden or hardship on the producing party. It argues that the cost, time, or effort required to gather and produce the requested documents or items outweighs the potential benefits or relevance to the case. Note: It is essential to consult with an attorney or legal professional to understand the specific requirements and considerations of filing a Washington Motion to Quash Deposition Subpoena Ducks Cecum, as legal procedures can vary and require case-specific analysis.

A Washington Motion to Quash Deposition Subpoena Ducks Cecum is a legal document filed with a court to challenge or block the enforcement of a deposition subpoena that requires the production of documents or tangible things. This motion seeks to protect the rights of a party being deposed by preventing the opposing party from obtaining certain documents or items. Keywords: Washington, motion to quash, deposition subpoena, duces tecum, legal document, challenge, block, enforcement, production, protect, party, deposed, opposing party, documents, tangible things. There are different types of Washington Motions to Quash Deposition Subpoena Ducks Cecum, depending on the specific circumstances and legal arguments being made. Some possible variations include: 1. Motion to Quash Deposition Subpoena Ducks Cecum on Grounds of Privilege: This motion is filed when the party believes that the requested documents or items are privileged information protected by attorney-client privilege, work product doctrine, or other applicable privileges. 2. Motion to Quash Deposition Subpoena Ducks Cecum for Over breadth: This motion is filed when the subpoena seeks to obtain a broad range of documents or items that are not relevant or proportional to the issues in the case. It argues that the subpoena is overly burdensome, oppressive, or seeks irrelevant or unreasonable information. 3. Motion to Quash Deposition Subpoena Ducks Cecum based on Lack of Relevance: This motion challenges the subpoena by asserting that the requested documents or items are not relevant to the claims or defenses in the case. It argues that the information sought does not have any bearing on the issues being litigated. 4. Motion to Quash Deposition Subpoena Ducks Cecum for Defects in Service: This motion is filed when the party believes that the subpoena was not properly served or fails to comply with the procedural requirements set forth in the Washington Rules of Civil Procedure. It asserts that the subpoena should be quashed due to improper delivery or lack of proper notice. 5. Motion to Quash Deposition Subpoena Ducks Cecum due to Undue Burden: This motion asserts that complying with the subpoena would pose an undue burden or hardship on the producing party. It argues that the cost, time, or effort required to gather and produce the requested documents or items outweighs the potential benefits or relevance to the case. Note: It is essential to consult with an attorney or legal professional to understand the specific requirements and considerations of filing a Washington Motion to Quash Deposition Subpoena Ducks Cecum, as legal procedures can vary and require case-specific analysis.

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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.

On timely motion, the court may quash or modify a subpoena for production if it (A) fails to allow reasonable time for compliance, (B) requires disclosure of privileged or other protected matter and no exception or waiver applies, (C) is unreasonable, oppressive, or unduly burdensome, or (D) exceeds the scope of ...

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. R. Civ.

Rule 45(c)(1) provides that the ?place of compliance? for subpoenas and the geographical scope of a court's authority to command a witness to testify at a trial, hearing, or deposition are: ?(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state ...

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. ...

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.

(1) A subpoena may be served by any suitable person over 18 years of age by giving the person named therein a copy thereof, or by leaving a copy at such person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

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A party may be compelled to produce evidence at a deposition or permit inspection only in accordance with rule 34. (4) A subpoena may be issued by the court in ... Below are a sample motion and memorandum to quash a subpoena in federal court. Most motions to quash a subpoena involve timeliness, relevancy, ...Your clerk's office may have its own forms you must use or local rules you must follow. We divide our sample forms into sets: Set A – Motion and Declaration for ... On timely motion, the court must quash or modify a subpoena that: (i) fails ... This rule provides a means for issuing deposition subpoenas for nonresidents of ... A Q&A guide to drafting, issuing, serving, and enforcing a discovery subpoena in a Washington civil proceeding. This Q&A addresses the. May 1, 2003 — Plaintiffs' designation of the courtroom for the ongoing Phase 1.5 trial as the. "place" to produce the requested documents does not convert the ... This Q&A addresses the requirements for complying with a discovery subpoena, objecting to a discovery subpoena seeking documents, moving to quash a discovery ... When ruling on a motion to quash or modify a subpoena, the court generally considers: (1) the relevance of the evidence sought; (2) the need for the party ... Service by mail shall be deemed complete upon the filing of the returned waiver. 9 of personal service, signed in affidavit or declaration form. 10. 11. (4) ... Dec 10, 2020 — Wondering how to file a motion to quash and what are its legal requirements? Learn all about it and more from this article.

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Washington Motion to Quash Deposition Subpoena Duces Tecum