This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
San Bernardino California Motion to Quash Deposition Subpoena Duces Tecum
State:
Multi-State
Category:
County:
San Bernardino
Control #:
US-PI-0042
Format:
Word;
Rich Text
180 downloads
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FAQ
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.
A motion to quash the production of documents at a deposition is a motion that requires a separate statement. (Cal. Rules of Court., rule 3.1345(a)(5).) To be timely, Plaintiff's motion had to be filed and served by June 4, 2021, 16 court days before the hearing date.
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court.
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.
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.
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.
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.
(1) In General. On timely motion, the court may permit anyone to intervene who: (A) is given a conditional right to intervene by a federal statute; or. (B) has a claim or defense that shares with the main action a common question of law or fact. (2) By a Government Officer or Agency.
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.