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Motion to quash subpoena duces tecum

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The document is a legal motion filed in a Mississippi Circuit Court by a movant seeking to quash a deposition subpoena duces tecum. The movant argues that they lack knowledge and records for certain requested information, finds other requests overly broad and burdensome, and proposes to answer specific written questions under Mississippi Rules of Civil Procedure. The motion requests the court to release the movant from deposition obligations and reimburse related costs.

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How to move to quash a subpoena?

Any person to whom a subpoena is directed, or any party, may file a motion to quash or limit the subpoena. The motion must include reasons why compliance with the subpoena should not be required or the subpoenas scope should be limited. A party must file the motion with the judge and serve it on the other parties.

What are reasons to get out of a subpoena?

Valid reasons to get out of a subpoena may include: Did not receive or was not personally served with a subpoena; Medical emergency. Family emergency. Self-incrimination (5th amendment) Privilege.

What are the elements for motion to quash?

Common grounds for filing a motion to quash are that the individual is outside the subpoena range, or that the items to be produced are unavailable within the specified time or at the specified location. Other common grounds for filing a motion to quash include undue burden and expense.

How to write a motion to quash a subpoena?

A motion to quash typically is only two or three paragraph long. Start with a paragraph that briefly summarizes the basic facts of the case and identifies the subject of your motion. Then tell the judge exactly what you want them to do and why. A motion is persuasive writing.

Why would someone file a motion to quash?

Most motions to quash a subpoena will object to timeliness, improper court or improper form of the subpoena, undue burden (which includes relevancy, overbreadth of the request, and other factors relevant to balancing the burden and probative nature of the evidence, see Smart Code), and invasion of the attorney-client

What does it mean when a subpoena is quashed?

Instead, it is a motion that can be filed if the person or entity being subpoenaed objects to the request for information and/or the presence of a witness in court or at a deposition. If the subpoena is quashed, that means the judge can render it void, or possibly limit it to make it more reasonable.

What are the grounds for quashing a subpoena?

There are many grounds for objecting to a document subpoena, including that the subpoena: ∎ Does not allow sufficient time to comply. ∎ Seeks irrelevant evidence. ∎ Requires disclosure of privileged or other protected information.

What is an example of a motion to quash?

A motion to quash example would be if a party experienced improper service of process. They may decide to file a motion to quash. A motion to quash is most commonly filed at the beginning of a trial, or an appeal as a pretrial motion.

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