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MOTION TO QUASH SUBPOENA DUCES TECUM

MOTION TO QUASH SUBPOENA DUCES TECUM 2025

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The document is a Motion to Quash Subpoena Duces Tecum filed by the Plaintiff in a Mississippi Circuit Court case. The Plaintiff seeks to invalidate a subpoena issued by the Defendant, arguing that it serves no lawful purpose and imposes unnecessary burdens. The motion claims bad faith on the part of the Defendant and requests reasonable attorney fees for challenging the subpoena. Additionally, the Plaintiff seeks reconsideration of a previous order denying a new trial, asserting that there are grounds for relief based on potential misconduct and the relevance of evidence related to witness testimony.

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What are valid reasons to quash 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. ∎ Subjects the recipient to undue burden or expense.

What are the grounds for 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 motion to quash subpoena duces tecum mean?

A subpoena duces tecum requires producing specific documents for a case. If the opposing party files late or misses deadlines, you may file a motion to quash to challenge the subpoenas validity. This motion argues that the subpoena is improper or overly broad.

What is a motion to quash a subpoena?

Burden: This is commonly used to quash subpoenas requesting documents because it may require that the party produce documents of a very high volume in a short amount of time. It can also be used to quash witness subpoenas in circumstances where the burden on the witness would be too great to force them to testify.

What happens after a 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.

Can you file 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.

MOTION TO QUASH SUBPOENA DUCES TECUM 2025

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