Cplr 2304-2025

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The document is a legal form used in the Family Court of New York, specifically for filing a motion to quash, fix, or modify conditions of a child support subpoena. It includes sections for the applicant's information, details about the subpoena, and an affidavit supporting the motion. The form outlines the necessary steps and information required to request relief from a child support subpoena.

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What is a motion to quash a subpoena?

In law, a motion to quash is a formal request made to a court to declare a specific proceeding , such as a subpoena , an arrest warrant , or a legal complaint , as invalid or void . The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question.

What are the rules for serving a subpoena in New York?

The person who is going to serve the Subpoena must: 1) Find the person to be served. 2) Show that person the original Subpoena. 3) Give that person a copy of the Subpoena. 4) Fill out the Affidavit of Service on back of the original.

What is a motion to preclude NY CPLR?

For example, a motion to preclude asks the court to ban the testimony or evidence from being used in the case. A motion to strike asks the court to ban a pleading, like an Answer, from being used. See CPLR 3126.

What is the best evidence rule in CPLR?

The core element of the best evidence rule is proof of content. The rule requires the production of the original of a writing, recording, or photograph only when a party is seeking to prove the contents of the writing, recording, or photograph (e.g. Flynn v Manhattan Bronx Surface Tr.

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