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.
Travis Texas Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed in the Travis County court system in Texas. This motion challenges a subpoena duces tecum (a subpoena that requires the production of documents or evidence) by arguing that it is unfair or overly burdensome. In instances where the subpoena is deemed to be unreasonable and oppressive, the party being served with the subpoena can file a motion to quash to seek relief from its requirements. This type of motion requests the court to invalidate or nullify the subpoena, preventing the requesting party from compelling the production of the requested documents. The grounds on which this motion is based include but are not limited to: 1. Unreasonable Scope: The motion may argue that the subpoena encompasses an excessive number of documents or an overly broad range of information, extending beyond what is necessary for the case at hand. 2. Lack of Relevance: The motion can assert that the requested documents have no relevance to the subject of the case, and therefore cannot be reasonably expected to contribute to the resolution of the legal matter. 3. Undue Burden: The motion may assert that complying with the subpoena would cause significant hardship, expense, or disruption for the party being subpoenaed, such as requiring extensive resources or disrupting their normal business operations. 4. Privacy or Confidentiality Concerns: The motion can argue that the subpoena seeks the disclosure of sensitive or privileged information protected by law, thereby infringing upon the party's rights to privacy or attorney-client privilege. 5. Improper Service: If the subpoena was not properly served according to the legal requirements, the motion can contest its validity on procedural grounds. 6. Lack of Good Faith: The motion may assert that the subpoena was issued in bad faith, such as for harassment purposes or to burden the opposing party with unnecessary work. In Travis County, Texas, there may be variations of the Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive depending on the specific court or case. It is advisable to consult with an attorney experienced in Texas law and local court procedures to ensure the appropriate motion is filed correctly and effectively.
