Hennepin Minnesota Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

State:
Multi-State
County:
Hennepin
Control #:
US-02675BG
Format:
Word; 
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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.

Hennepin County, Minnesota, is a jurisdiction known for its legal proceedings and the diligent pursuit of justice. When facing a Motion to Quash Subpoena Ducks Cecum, one may argue that the subpoena is unreasonable and oppressive. This type of motion is commonly used in an effort to prevent the enforcement of a burdensome or unfair subpoena in Hennepin County. A Motion to Quash Subpoena Ducks Cecum challenges the validity and enforceability of a subpoena, specifically in cases where it is believed to be overly intrusive, burdensome, or unjust. By filing this motion, individuals or entities involved in legal proceedings seek protection against the potential oppression and unreasonable demands imposed by a subpoena. In Hennepin County, specific circumstances may call for various types of Motion to Quash Subpoena Ducks Cecum. These types can include: 1. Over breadth: A motion based on the grounds that the subpoena unduly seeks information beyond the scope of relevance to the case. It argues that the requested documents or materials go beyond what is necessary for a fair and just resolution. 2. Relevance: This motion challenges a subpoena by contesting the relevance and materiality of the documents or materials requested. It seeks to demonstrate that the subpoena fails to establish a clear connection between the documents sought and the issues at hand. 3. Privilege: When privileged or confidential information is sought through a subpoena, this motion is used to protect such information. It asserts that the documents requested are subject to attorney-client privilege, doctor-patient confidentiality, or other legally recognized privileges. 4. Undue burden: This motion argues that the subpoena places an unreasonable burden on the recipient. It asserts that complying with the subpoena would require an excessive amount of time, effort, or expense that outweighs the potential benefits in the case. 5. Bad faith: In cases where a party suspects that the subpoena is issued with malicious intent or solely for the purpose of harassment, a motion based on bad faith can be filed. This type of motion aims to expose ulterior motives behind the subpoena's issuance. By utilizing these various types of motions, individuals or entities in Hennepin County can challenge the enforceability of subpoenas that they deem unreasonable and oppressive. These motions facilitate a fair and equitable legal process, discouraging abuse of the subpoena power and protecting the rights and interests of the parties involved.

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FAQ

If a court or someone in authority quashes a decision or judgment, they officially reject it. The Appeal Court has quashed the convictions of all eleven people. Synonyms: annul, overturn, reverse, cancel More Synonyms of quash. transitive verb.

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.

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.

Accordingly, you should bear the following in mind when you receive a subpoena: Do not ignore the subpoena.Prepare a proper and timely response to the subpoena.Do not speak to anyone other than your attorney about the subpoena or the underlying lawsuit or investigation.

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.

For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness.

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 Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.

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Hennepin Minnesota Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive