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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE LISA SYKES and SETH SYKES, Individually and as Parents and Natural Guardians of WESLEY ALEXANDER SYKES, a minor child, Plaintiffs,

How to fill out motion to quash subpoena

How to fill out a motion to quash subpoena:

1. Begin by carefully reading the subpoena: Take the time to understand the requirements and scope of the subpoena, including any specific documents or information being requested.
2. Consult an attorney: If you are unsure about the legal process or need guidance, it's advisable to seek professional assistance from a lawyer who specializes in subpoena matters.
3. Identify the grounds for quashing the subpoena: Determine the specific reasons why you believe the subpoena should be quashed. This could include legal objections, such as lack of jurisdiction or privilege, or procedural defects in the issuance of the subpoena.
4. Draft a legal memorandum: Prepare a thorough argument explaining and supporting your reasons for wanting to quash the subpoena. Include relevant legal points, case law, and any applicable statutes or rules.
5. Create a caption: Format the motion with the heading that includes the name of the court, case number, names of all parties involved, and the title "Motion to Quash Subpoena."
6. Introduce the motion: Start with a brief introduction, clearly stating that you are seeking to quash the subpoena and mentioning the requesting party and date of the subpoena.
7. State the grounds and legal arguments: Present your grounds for quashing the subpoena in a clear and concise manner. Support each ground with legal authority, explaining how it applies to your situation.
8. Provide evidence: Include any supporting documents, affidavits, or declarations that back up your arguments. Attach copies of relevant documents referenced in your motion.
9. Conclusion: Summarize your main arguments and state your request for the court to grant your motion to quash the subpoena.
10. Sign and file the motion: Sign the motion in the presence of a notary public, make several copies, and file the original with the court clerk. Ensure you adhere to any specific filing deadlines or requirements set by the court.

Who needs a motion to quash subpoena?

A motion to quash a subpoena may be needed by anyone who has received a subpoena and wishes to challenge its validity or seek relief from its requirements. This could include individuals, businesses, or organizations who believe the subpoena is overly broad, infringes on attorney-client privilege, violates their rights, or is burdensome to comply with. It is advisable to consult an attorney to determine if filing a motion to quash subpoena is the appropriate course of action in your specific situation.

For pdfFiller’s FAQs

What is motion to quash subpoena?

A motion to quash subpoena is a legal request to invalidate or void a subpoena issued by a court or other legal authority.

Who is required to file motion to quash subpoena?

The party who receives the subpoena is typically required to file a motion to quash subpoena if they believe it is not valid or enforceable.

How to fill out motion to quash subpoena?

To fill out a motion to quash subpoena, one must include the reasons why the subpoena should be invalidated, relevant legal arguments, and any supporting evidence.

What is the purpose of motion to quash subpoena?

The purpose of a motion to quash subpoena is to challenge the validity or enforceability of a subpoena and prevent the recipient from having to comply with it.

What information must be reported on motion to quash subpoena?

The motion to quash subpoena should include the case name, case number, reasons for invalidating the subpoena, legal arguments, and any supporting evidence.

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