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

State:
Multi-State
County:
Franklin
Control #:
US-02675BG
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Description

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 Franklin Ohio Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed by a party who believes that a subpoena issued against them is unfair, burdensome, or unjust. This motion seeks to challenge the legitimacy of the subpoena and request the court to dismiss or modify its terms. When facing a situation where a subpoena is deemed unreasonable and oppressive, there may be different types of motions available that can be filed in the Franklin Ohio court system. These variations allow individuals to address specific aspects or grounds upon which the subpoena is considered unfair. Some potential types of motions to quash a subpoena duces tecum are as follows: 1. Motion to Quash Subpoena Ducks Cecum due to Over breadth: This motion argues that the subpoena requests too much information that is irrelevant or unnecessary to the case. It claims that the scope of the subpoena is excessively broad and violates the rights of the party being subpoenaed. 2. Motion to Quash Subpoena Ducks Cecum based on Relevance: This motion challenges the subpoena's relevance by asserting that the requested documents or information are not material or necessary for the case at hand. It argues that supplying the requested materials would amount to an unreasonable burden. 3. Motion to Quash Subpoena Ducks Cecum for Lack of Proper Notice: This motion contends that the subpoena was served improperly, without the necessary notice or a sufficient opportunity for the party to object or negotiate its terms. It may assert that proper legal protocols were not followed during the subpoena process. 4. Motion to Quash Subpoena Ducks Cecum due to Privilege or Confidentiality: This motion asserts that the requested documents or information are protected by attorney-client privilege, doctor-patient confidentiality, trade secrets, or other legally recognized privileges. It argues that disclosing such privileged information would be unjust and oppressive. 5. Motion to Quash Subpoena Ducks Cecum based on Undue Burden: This motion claims that complying with the subpoena would place an impractical or excessive burden on the party being subpoenaed. It may argue that the costs, logistics, or time required to comply are unreasonable and outweigh any potential benefit to the case. A comprehensive Franklin Ohio Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive should address the appropriate legal grounds while highlighting the specific reasons why the subpoena is considered unfair, burdensome, or unjust. By filing such a motion, the party seeks relief from the court in the form of dismissal, modification, or protection from complying with the overly oppressive subpoena.

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FAQ

A subpoena duces tecum (or SDT) is a court order that requires a person to produce certain documents or pieces of evidence at a hearing or trial in a criminal case. Under California law, either a prosecutor or the defendant may request evidence or a witness by means of an SDT.

A subpoena duces tecum is used to produce a document or piece of evidence. It summons the recipient to either 1) deliver the requested documents or evidence to be used in an upcoming hearing or trial, or 2) appear in person at the courthouse to present such evidence.

A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974).

If the accused has been arrested, with or without warrant, he may file MOTION TO QUASH the arrest or to RECALL the same, on the ground that the same has been illegally made or that there is no probable cause.

A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.

A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.

Usually, the filing of a motion to quash means you can refuse to comply with the subpoena until the court either denies the motion, or you reach an agreement with the party that served you with the subpoena.

More info

, motions to quash subpoenas)?. 4. Intervention.

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