[Your Name] [Your Address] [City, State, Zip Code] [Date] [Name of Defendant] [Defendant's Address] [City, State, Zip Code] Re: [Case Number] Dear [Name of Defendant], I hope this letter finds you well. I am writing on behalf of the plaintiff in the above-mentioned case to bring to your attention certain concerns and to request a protective order, motion to quash, and objection to notice of deposition duces tecum. To provide some context, San Diego, California is a vibrant coastal city located in the southern part of the state. Known for its beautiful beaches, mild climate, and diverse culture, San Diego offers a unique blend of natural beauty, historical significance, and modern amenities. The city is renowned for its world-class attractions, including the San Diego Zoo, Balboa Park, SeaWorld, and Lego land, making it a popular destination for tourists and residents alike. Now, turning our attention to the legal matter at hand, we kindly request the court to grant a protective order to safeguard our client's rights and interests during the discovery process. This protective order would ensure that certain sensitive information, which may be irrelevant or confidential, remains confidential and not disclosed to unauthorized parties. Furthermore, we seek a motion to quash the notice of deposition duces tecum. We believe that the notice of deposition duces tecum fails to meet the legal requisites and imposes an undue burden on our client. The requested motion to quash is essential to preserve the fairness and integrity of the litigation process. Lastly, we would like to voice our objection to the notice of deposition duces tecum itself, as we contend that it seeks to obtain documents that are beyond the scope of discovery or irrelevant to the present litigation. Our objection is based on the grounds that the requested information is neither necessary nor reasonably calculated to lead to the discovery of admissible evidence. In light of the aforementioned concerns, we respectfully ask for a timely resolution of this matter. We trust that the court will carefully consider our motion for a protective order, motion to quash, and objection to the notice of deposition duces tecum. We request that all further proceedings related to the disputed deposition be stayed until a ruling is made. Thank you for your attention to this matter. We look forward to your prompt response. Sincerely, [Your Name] [Your Law Firm] [Phone Number] [Email Address]
San Diego California Sample Letter for Plaintiff's Motion for Protective Order, Motion to Quash, Objection to Notice of Deposition Duces Tecum
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FAQ
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.
In order to file a motion to quash, you will need to draft the motion and file it in the case/court that appears on the document you were served with. Once filed, the motion to quash will stay the subpoena, until a judge makes a ruling on the motion or the subpoenaed party and the issuing party reach an agreement.
A separate statement is required in support of a motion to quash a subpoena for the production of documents and tangible things at a deposition ( Cal. Rules of Court, rule 3.1345(a)(5); Cal.
They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.
Changing your Address with the Court - YouTube YouTube Start of suggested clip End of suggested clip Mc040 form to the other party or parties in your case. Your server must be at least 18 years old andMoreMc040 form to the other party or parties in your case. Your server must be at least 18 years old and not affiliated with your case. They will have to fill out the proof of service page of the mc040.
"Ordinarily a party has no standing to seek to quash a subpoena issued to someone who is not a party to the action unless the party claims some personal right or privilege with regard to the documents sought." Kessel v. Cook County, 2002 WL 398506 at 2 (N.D.
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.
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.
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.
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.
