Fill and Sign the Motion Quash Subpoena Sample Form

IN THE __________COURT OF ____________ (Name of County) STATE OF _____________ (Name of State) __________________ PLAINTIFF (Name of Plaintiff) VS. CAUSE NO. __________ __________________ DEFENDANT (Name of Defendant) Affidavit in Support of Motion to Quash Subpoena Duces Tecum STATE OF ____________________ COUNTY OF _______________________ PERSONALLY appeared before me, the undersigned authority in and for said county and state, ________________ (Name of Affiant) , who, having been being first duty sworn by the undersigned Notary Public, deposes and says: 1. Affiant is the Defendant in the above captioned matter. 2. I have been served with a Subpoena Duces Tecum issued on behalf of Plaintiff in the above-entitled case requiring my appearance on ______________ (date) and requiring me to have (description of material) _______________________ ________________________________________________________________ _________________________________________________________ with me. 3. The attempt to Subpoena such items is unreasonable and oppressive for the following reasons: (the following are sample grounds/reasons) ____________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ A. It is an attempt to use a subpoena duces tecum issued under Rule 45 for discovery and production of documents under Rule 34. B. It will be extremely inconvenient and very expensive to produce the records at the trial. C. The records called for are irrelevant to the issues in the action. D. The records called for are privileged. E. The records called for are not under my control. F. The Subpoena does not sufficiently designate the records desired, and it is impossible to determine what records are requested. _______________________ (Printed Name of Affiant) _______________________ (Signature of Affiant) SWORN to and subscribed before me, this the ______ day of _____________, 20______. __________________________ NOTARY PUBLIC My Commission Expires: _____________________ Certificate of Service This is to certify that I, ________________ (Name of Defendant) , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the Plaintiff: _____________________ (Name of Attorney) ____________________________ (Post Office Box No. or Street Address) ______________________________ (City, State, Zip Code) This the ______ day of __________________, 20_______. Respectfully submitted, ______________________ (Name of Defendant) By:______________________ (Name of Defendant) _______________________ (Signature of Defendant)