Nassau New York Motion to Quash Deposition Subpoena Duces Tecum

State:
Multi-State
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Nassau
Control #:
US-PI-0042
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Word; 
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This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.

Nassau New York Motion to Quash Deposition Subpoena Ducks Cecum is a type of legal document used to challenge a subpoena requesting the production of documents during a deposition in Nassau County, New York. This motion is an important tool for individuals or businesses seeking to object to the subpoena. A "Motion to Quash" is a request made to a court to render a previous legal decision or action void. In the context of deposition subpoenas, it is specifically used to challenge the requirement of producing documents ("Ducks Cecum") during a deposition. Nassau County, located on Long Island in the state of New York, has specific procedures and guidelines that govern the litigation process, including motion practice. A Motion to Quash Deposition Subpoena Ducks Cecum is filed with the court and must meet certain legal requirements to be considered valid. Some keywords that are relevant to this topic include: 1. Nassau County: Referring to the county in New York where this type of motion is used. 2. Motion to Quash: The legal request made to the court to nullify or invalidate a previous order or action. 3. Deposition: A court proceeding where witnesses are sworn in and provide testimony under oath, which may include producing documents. 4. Subpoena: A legal document issued by a court that requires an individual or organization to provide testimony or produce documents. 5. Ducks Cecum: Latin term meaning "bring with you" and refers to the requirement to produce specified documents during the deposition. Different types of Motion to Quash Deposition Subpoena Ducks Cecum may include: 1. General Motion to Quash: Used when there are objections to a deposition subpoena, such as claiming privilege, undue burden, irrelevance, or other grounds. 2. Protective Order Motion: Filed when the party believes that the subpoena seeks confidential or sensitive documents that should not be disclosed, requesting the court to prohibit their production or regulate their disclosure. 3. Third-Party Motion to Quash: Filed by a third party that has received a subpoena seeking documents, but they assert that they should not be required to produce them due to various reasons, including lack of relevance or undue burden. In summary, a Nassau New York Motion to Quash Deposition Subpoena Ducks Cecum is a legal document filed in Nassau County to challenge a request for document production during a deposition. It is an essential tool for objecting to a subpoena and asserting legal grounds to prevent the disclosure or production of specific documents.

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FAQ

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

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.

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.

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.

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.

For a subpoena issued in an administrative proceeding or an arbitration (non-judicial subpoena), a person considering an application to quash, modify, or condition must first ask the issuer to withdraw or modify the subpoena (CPLR 2304). The person may make the request to withdraw or modify orally (see Feig v.

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.

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 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.

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Protective order The Gwinnett County court denied McDonald's motion to quash the subpoena duces tecum Each court. Gain, a subpoena duces tecum in enforcement proceedings, returnable December 13, 2019.Out-of-state depositions using written questions (CPLR 3108 and 3109). Half of a grand jury—served a subpoena duces tecum on Mazars USA,. Its discretion when it refused to quash a subpoena directing that a mediator appear for a deposition and respond to a subpoena duces tecum.

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Nassau New York Motion to Quash Deposition Subpoena Duces Tecum