Get the free QUASH SUBPOENAS DUCES TECUM

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA In the Matter of: PARENT ON BEHALF OF STUDENT, OAK CASE NO. 2012010446v. ORDER GRANTING MOTION TO QUASH SUBPOENAS DUCES TECUM AND DENYING

How to fill out quash subpoenas duces tecum

How to fill out quash subpoenas duces tecum:

1. Understand the purpose: Quashing a subpoena duces tecum means requesting the court to invalidate or cancel the subpoena. It is usually done when the person or organization receiving the subpoena believes it is invalid, overly burdensome, or violates their rights.
2. Consult an attorney: Before proceeding with filing a motion to quash the subpoena duces tecum, it is advisable to seek legal advice from an experienced attorney. They can guide you through the process and help determine the best course of action.
3. Review the subpoena: Carefully examine the subpoena duces tecum to understand the specific demands or requests being made. Take note of any deadlines mentioned and the information or documents being sought.
4. Identify grounds for quashing: Work with your attorney to identify strong grounds for quashing the subpoena duces tecum. These grounds may include lack of relevance, improper service, privilege, overbreadth, or undue burden. Ensure you have valid legal reasons to support your motion.
5. Draft a motion to quash: Prepare a written motion to quash the subpoena duces tecum based on the identified grounds. Include a clear statement of the facts, legal arguments, and any supporting evidence or case law. The motion should be concise, well-organized, and adhere to the specific court rules and procedures.
6. File the motion: Once the motion to quash is completed, it must be filed with the appropriate court. Follow the court's instructions for filing and pay attention to any deadlines for submission. It is essential to keep copies of all filed documents for your records.
7. Serve the motion: Serve a copy of the motion to quash on all relevant parties involved in the case. The method of service may vary based on the court rules, so ensure you adhere to the proper procedures. Properly document and record the service of the motion.
8. Attend the hearing: If the court deems it necessary, a hearing may be scheduled to discuss the motion to quash. It is crucial to attend the hearing, present your case effectively, and address any potential counterarguments. Your attorney can guide you through the hearing process and represent your interests.

Who needs quash subpoenas duces tecum?

1. Individuals or organizations who believe that a subpoena duces tecum issued against them is improper, burdensome, or infringing on their rights may need to move to quash the subpoena.
2. Lawyers or legal professionals representing clients who have received a subpoena duces tecum and believe it should be invalidated may also need to file a motion to quash.
3. Parties who want to protect confidential or privileged information that is being requested through the subpoena duces tecum may need to take action to quash it.

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What is quash subpoenas duces tecum?

Quash subpoenas duces tecum is a legal process used to challenge the validity or scope of a subpoena that requests the production of documents or tangible things.

Who is required to file quash subpoenas duces tecum?

Any party who has been served with a subpoena duces tecum and believes that it is improper or burdensome may file a motion to quash.

How to fill out quash subpoenas duces tecum?

To fill out a motion to quash a subpoena duces tecum, the party must explain the reasons for challenging the subpoena and provide legal arguments supporting their position.

What is the purpose of quash subpoenas duces tecum?

The purpose of quashing a subpoena duces tecum is to protect individuals or organizations from having to produce irrelevant or privileged information.

What information must be reported on quash subpoenas duces tecum?

The motion to quash must include the case name and number, the date and time of the scheduled production, a description of the documents or things requested, and the legal basis for challenging the subpoena.