Santa Clara California Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

State:
Multi-State
County:
Santa Clara
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.

Santa Clara California is a city located in Santa Clara County, California, in the heart of Silicon Valley. It is a bustling city known for its thriving technology industry, vibrant cultural scene, and diverse community. Santa Clara is also home to several renowned universities, including Santa Clara University. A Motion to Quash Subpoena Ducks Cecum is a legal document filed by a party involved in a lawsuit to request the court to invalidate or cancel a subpoena for the production of specific documents or materials. These motions are typically filed on the grounds that the subpoena is deemed unreasonable and oppressive. In Santa Clara California, there may be different types of Motions to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive, depending on the specific reasons for the motion. Some of these variations include: 1. Motion to Quash Subpoena Ducks Cecum due to Privilege: This motion may be filed when the subpoena seeks privileged information, such as attorney-client communications, doctor-patient records, or trade secrets. 2. Motion to Quash Subpoena Ducks Cecum based on Over breadth: This motion could be raised when the subpoena requests a broad range of information that is not relevant to the case or exceeds the scope of discovery allowed by the court. 3. Motion to Quash Subpoena Ducks Cecum because of Burden: This type of motion may be filed when complying with the subpoena would cause an undue burden on the party being subpoenaed, such as a significant financial cost or an extensive amount of time and resources. 4. Motion to Quash Subpoena Ducks Cecum citing Lack of Relevance: This motion can be raised if the subpoenaed documents are not directly related to the issues in the case or if there is no reasonable connection between the requested information and the subject. 5. Motion to Quash Subpoena Ducks Cecum alleging Harassment: This type of motion may be filed if the party being subpoenaed can demonstrate that the subpoena is being used maliciously or as a means to harass, annoy, or burden the opposing party. It is important to consult with an attorney familiar with California state laws and local court rules to determine the most appropriate type of Motion to Quash Subpoena Ducks Cecum to file in a specific situation in Santa Clara, California.

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FAQ

Deadline. Notice of a motion to quash or modify a subpoena duces tecum must be served on the witness and the deposition officer at least five (5) days before the date set for production of the subpoenaed records.

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 motion to quash is the proper pleading to test the validity of a service of summons and complaint upon an entity that is not by its true or fictitious name made a party to an action. Kline v. Beauchamp et al., 29 Cal.

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 motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court.

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.

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 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 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.

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61. On November 21, 2018, the Commission received the County of Hawai`i's Motion to. Quash Petitioner's Subpoena and Subpoenas Duces Tecum.Motion the Release Documents Superior aware of Santa Clara.

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Santa Clara California Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive