This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Contra Costa California Motion to Quash Deposition Subpoena Duces Tecum
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-PI-0042
Format:
Word;
Rich Text
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How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
To oppose a motion to quash in California, you must file a written response that clearly states your arguments against the motion. It's important to include relevant facts and legal precedents that support your position. Additionally, you may want to prepare for a hearing where you can present your case before a judge. USLegalForms can assist you in locating the right forms and guidance for your situation.
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 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.
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.
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.
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.
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.
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.