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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.
544:40 Contempt, Penalty. A party found guilty of contempt under the provisions of this RSA 544 shall be guilty of a misdemeanor if a natural person, or guilty of a felony, if any other person.
Grounds to file a motion to quash the subpoena include avoiding undue burden or expense complying with it, allowing reasonable time for compliance, disclosing privileged or other protected information and disclosing trade secrets.
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.
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.
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You can obtain a PACER login on-line or by calling (800) 676-6856. If you have a PACER account, you may login to the courts electronic case files. You may also view the courts electronic case files free of charge at the public terminals in the clerks office.
(f) Motions to Quash. An individual may request that the court quash a subpoena on the grounds of improper service, hardship, or otherwise as provided by law. Notice of the motion must be served on all parties. The court shall notify all parties of any hearing on the motion and the decision.
(B) The amount that the plaintiff claims that the defendant owes. NOTE: If the plaintiff claims to be owed more than $10,000, the filing of the small claim complaint will waive any amount due beyond the small claims limit of $10,000.