Harris Texas Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive

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Multi-State
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Harris
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US-02676BG
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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.


The Harris Texas Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document used in the state of Texas to challenge the validity and enforceability of a subpoena duces tecum. This affidavit is filed by a party who believes that the subpoena is unfair, burdensome, or not compliant with the rules of civil procedure. In many cases, individuals or businesses may receive a subpoena duces tecum that requires them to produce certain documents or materials for use in a legal proceeding. However, there are situations where the subpoena may be seen as unreasonable and oppressive, violating the rights of the party being summoned. The Harris Texas Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive serves as a legal tool to challenge such subpoenas. It outlines the specific reasons and grounds for quashing the subpoena, aiming to protect the party from undue burden, harassment, or potential abuse of the legal process. Some potential grounds for challenging the subpoena on the basis of unreasonableness and oppressiveness may include: 1. Over broad or vague request: The subpoena may demand the production of a large volume of irrelevant documents or fail to clearly identify the materials being sought. 2. Undue burden: The party may argue that complying with the subpoena would cause significant hardship, such as excessive time, expense, or disruption of normal business operations. 3. Confidentiality and privilege issues: The subpoena may seek documents protected by attorney-client privilege, work product doctrine, or other legal privileges. 4. Lack of relevance: The party may assert that the requested documents are not reasonably related to the legal matter at hand or are unlikely to provide any material evidence. 5. Bad faith or harassment: If the party believes that the subpoena is being used for improper purposes or as a means of harassment, they can argue that it should be quashed. It is important to note that there may be variations or different types of Harris Texas Affidavits in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive depending on the specific circumstances of the case. These variations could be based on factors such as the type of legal proceeding, the court involved, or other unique factors. In summary, the Harris Texas Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document used to challenge overly burdensome or unfair subpoenas. By filing this affidavit, a party can present compelling reasons to the court as to why the subpoena should be quashed, protecting their rights and interests.

The Harris Texas Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document used in the state of Texas to challenge the validity and enforceability of a subpoena duces tecum. This affidavit is filed by a party who believes that the subpoena is unfair, burdensome, or not compliant with the rules of civil procedure. In many cases, individuals or businesses may receive a subpoena duces tecum that requires them to produce certain documents or materials for use in a legal proceeding. However, there are situations where the subpoena may be seen as unreasonable and oppressive, violating the rights of the party being summoned. The Harris Texas Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive serves as a legal tool to challenge such subpoenas. It outlines the specific reasons and grounds for quashing the subpoena, aiming to protect the party from undue burden, harassment, or potential abuse of the legal process. Some potential grounds for challenging the subpoena on the basis of unreasonableness and oppressiveness may include: 1. Over broad or vague request: The subpoena may demand the production of a large volume of irrelevant documents or fail to clearly identify the materials being sought. 2. Undue burden: The party may argue that complying with the subpoena would cause significant hardship, such as excessive time, expense, or disruption of normal business operations. 3. Confidentiality and privilege issues: The subpoena may seek documents protected by attorney-client privilege, work product doctrine, or other legal privileges. 4. Lack of relevance: The party may assert that the requested documents are not reasonably related to the legal matter at hand or are unlikely to provide any material evidence. 5. Bad faith or harassment: If the party believes that the subpoena is being used for improper purposes or as a means of harassment, they can argue that it should be quashed. It is important to note that there may be variations or different types of Harris Texas Affidavits in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive depending on the specific circumstances of the case. These variations could be based on factors such as the type of legal proceeding, the court involved, or other unique factors. In summary, the Harris Texas Affidavit in Support of Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document used to challenge overly burdensome or unfair subpoenas. By filing this affidavit, a party can present compelling reasons to the court as to why the subpoena should be quashed, protecting their rights and interests.

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Section 1. Time to move to quash. At any time before entering his plea, the accused may move to quash the complaint or information.

F0b4 It is a dismissal of the case by the government before the accused is placed on trial and before he is called to plead, with the approval of the court in exercise of its judicial jurisdiction. 3. f0b4Before entering his plea, the accused may move to quash the complaint or information. 4.

Fill out and file a Request to Quash the Subpoena. Give your reasons for your objections to the Subpoena and what it is asking for. You can object to having to attend the hearing or trial, and explain why. You can object to bringing some or all the documents that the other party requested in his or her Subpoena.

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).

You may subpoena the other party or a non-party witness to the hearing if: He or she is a California resident. You need him or her to come to court to testify and there is a possibility he or she may not come. He or she has documents you need to support your case and will not give them to you.

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.

California allows multiple people to challenge a third-party subpoena. The person or organization served with the subpoena may object to all or part of it, or they may file a motion for a protective order or to quash the subpoena in the court where the lawsuit is pending.

What is a motion to quash? A motion to quash asks the court to confirm that you don't have to respond to a discovery request. In this case, the motion asks the court to confirm that you don't have to respond to discovery you received before the deadline for initial disclosures.

24.02. SUBPOENA DUCES TECUM. If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court.

Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court issuing the subpoena.

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Harris v. To the National Criminal Justice Reference Service (NCJRS).5. a 1similar subpoena for service. States given in the affidavit required under subdivision (l) of this rule. Subpoena Enforcement. Motions to 'Quash a Grand Jury subpoena.

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Harris Texas Affidavit in Support of Motion to Quash Subpoena Duces Tecum on the Grounds that Subpoena is Unreasonable and Oppressive