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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110543
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can someone please tell me if a Motion to Quash a subpoena

Customer Question

Can someone please tell me if a Motion to Quash a subpoena possible to halt the production of documents to the requesting party if the grounds are as follows:
Improper Service, Unduly Burdensome, Overbroad, Scope of Request, Immaterial, and Uncharged Misconduct & Extraneous Acts. A document service provider told me that a Motion to Quash will not stop the production of documents no matter what
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
A motion to quash on discovery is generally not granted as the discovery rules are very broad and allow for discovery of anything that could lead to the discovery of information that can be used in trial. The only thing one can do to the discovery on individual items is file an objection on the basis that it is "unduly burdensome" or serves no purpose other than to annoy or harass. However, it is very rare that a court will quash discovery.

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Customer: replied 5 years ago.
How about if the requesting party can be shown to have forged the proof of service? and failed to follow the laws in regard to the process of service. How is it that a person who is being investigated for other fraudulent activity, can invade the right to privacy of another individual and in the process commit crimes in their efforts to obtain this information. This person, and we have actual proof of the forgery, identity theft, fraud, and did this under a penalty of perjury. Can a judge not grant on the many grounds? Would they the (judge) actually look the other way?
Expert:  Law Educator, Esq. replied 5 years ago.
You can file for sanctions on the proof of service through the court, but that is not going to prevent the discovery, it may make them liable for fines and possibly some attorney's fees for you having to object to the service. However, the judge is not going to just tell them they cannot have any discovery, it just does not happen. The denial of discovery rights is one of the most severe sanctions and absent actual discovery abuses, the court abhors such a sanction.

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