Palm Beach Florida Motion to Quash Deposition Subpoena Duces Tecum

Name: Palm Beach Florida Motion to Quash Deposition Subpoena Duces Tecum
Brand: US Legal Forms
Rating: 4.7 (500 reviews)

Category:

Civil Procedure - Motions - Samples

State:

Multi-State

County:

Palm Beach

Control #:

US-PI-0042

Format:

Instant download

Description

This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.

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How to fill out Palm Beach Florida Motion To Quash Deposition Subpoena Duces Tecum?

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FAQ

On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought or the form requested is not reasonably accessible because of undue costs or burden.

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 served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.

To object to the document requests contained in a subpoena duces tecum for deposition, a nonparty must serve written objections either: Within ten days after service of the subpoena. Before the time for compliance, if the time is less than ten days after service of the subpoena.

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 quash definition would be to reject, or void, especially by a legal procedure. Simply put, it is a verb meaning to put an end to. A motion to quash refers to a specific type of request, in which one court is asked to render the decision made by another, lower court as invalid.

P. 1.410(e)(1)). Although serving written objections stays the obligation to produce evidence in response to the subpoena, it does not stay the obligation to appear for deposition. If the recipient seeks to stay the deposition, the recipient must file a motion to quash or motion for protective order.

Under Florida law, a trial court does not have the discretion to stay discovery based solely on a pending motion to dismiss that is alleged to be dispositive. Rather, Florida law is clear that the pendency of a motion to dismiss, in and of itself, is not sufficient good cause to stay discovery.

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Tavitas, J. Case Summary. Use our detailed instructions to fill out and eSign your documents online.Paid, the clerk shall enter the same in the civil docket. The deposition is scheduled for October 27, 2011. By denying the first Motion to Quash Subpoena, this. Court found that any alleged error in issuing the subpoena duces tecum would have amounted to. Fill out the Subpoena. a. An individual served with a subpoena duces tecum or deposition subpoena is normally given a reasonable time to respond. Get FL Verified Motion to Quash Service and Vacate Default Get form.

Palm Beach Florida Motion to Quash Deposition Subpoena Duces Tecum

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