Sample Motion to Quash or Modify Deposition Subpoena in California

1 Any Attorney or PartyAny Street 2 Any Town, CA 55555 3 714-555-5555 4 Any Attorney or Party 5 6 7 8 Superior Court of the State of California 9 For the County of _________________ 10 11 Any Plaintiff, ) Case No. ) 12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO QUASH vs. ) AND/OR MODIFY DEPOSITION SUBPOENA 13 ) FOR PERSONAL APPEARANCE AND ) PRODUCTION OF DOCUMENTS AND THINGS, 14 Any Defendants, and DOES 1-5, inclusive, ) AND FOR SANCTIONS; MEMORANDUM OF ) POINTS AND AUTHORITIES; DECLARATION OF 15 Defendants. ) _________; EXHIBITS ) 16 ) ) DATE: 17 ) TIME: ) PLACE: 18 ) ) 19 ) ) 20 21 To subscribe to my FREE California weekly legal newsletter visit 22 23 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail 24 address. 25 26 27 28 - 1 – MOTION TO QUASH OR MODIFY DEPOSTION SUBPOENA AND REQUEST FOR DOCUMENTS 1 To view over 300 sample legal documents sold by LegalDocsPro 2 3 visit: http://www.scribd.com/LegalDocsPro 4 TO: ALL INTERESTED PARTIES AND THEIR RESPECTIVE ATTORNEYS OF 5 RECORD: 6 PLEASE TAKE NOTICE THAT on ____________, 20__, at _______.m. or as soon 7 8 thereafter as the matter may be heard, in Department ________ of the above-entitled court, located at 9 ________________________, _________, ____________ will and hereby does move this Court: 10 1. For an order quashing and/or modifying the Deposition Subpoena for Personal 11 Appearance and Production of Documents and Things for the deposition currently scheduled for 12 __________at ______.M. at _____________________ located at ____________________ to LIST 13 HERE HOW YOU WOULD LIKE THE DEPOSITION SUBPOENA QUASHED OR 14 15 MODIFIED SUCH AS quashing the Deposition Subpoena for Personal Appearance and Production 16 of Documents and Things (Subpoena) in its entirety on the grounds that the Subpoena does not 17 comply with the provisions of Code of Civil Procedure § 2020.310(e) in that it does not describe with 18 reasonable particularity the matters on which examination is requested, or permitting ________ to be 19 deposed over the telephone under the provisions of Code of Civil Procedure § 2025.310(a)(b) on the 20 21 grounds that attending this deposition would impose a great burden on _________________. 22 2. For an order quashing the request for documents and things on the grounds that 23 MODIFY THE WORDING BELOW TO FIT YOUR PARTICULAR SITUATION 24 The Subpoena does not comply with the provisions of Code of Civil Procedure § 2020.220(a) 25 in that it does not allow the objecting party sufficient time to have a reasonable opportunity to locate 26 27 28 - 2 – MOTION TO QUASH OR MODIFY DEPOSTION SUBPOENA AND REQUEST FOR DOCUMENTS 1 and produce any designated business records, documents, or tangible things and a reasonable time to 2 travel to the deposition location. 3 The Subpoena does not comply with the provisions of Code of Civil Procedure § 2020.410(a) 4 in that it does not designate the business records to be produced either by specifically describing each 5 6 individual item or by reasonably particularizing each category of item, and also does not specify the 7 form in which any electronically stored information is to be produced, if a particular form is desired. 8 The Subpoena does not comply with the provisions of Code of Civil Procedure § 2020.410(c) 9 in that it was served on LIST DATE, which date is less than 15 calendar days before the date of the 10 Deposition which is scheduled for LIST DATE OF DEPOSITION. 11 The Subpoena does not comply with the provisions of Code of Civil Procedure § 2020.410(d 12 13 in that it seeks the production of consumer or employee records and is not accompanied either by a 14 copy of the proof of service of the notice to the consumer described in subdivision (e) of Section 15 1985.3, or subdivision (b) of Section 1985.6, as applicable, or by the consumer’s written 16 authorization to release personal records described in paragraph (2) of subdivision (c) of Section 17 1985.3, or paragraph (2) of subdivision (c) of Section 1985.6, as applicable. 18 19 The Subpoena does not comply with the provisions of Code of Civil Procedure § 2024.020(a) 20 in that the date for testimony and/or production of business records is less than 30 calendar days 21 before the trial date. 22 3. For an award of sanctions against_______________, _______ and their attorney of 23 record, _______ in the amount of $____ pursuant to Code of Civil Procedure § 1987.2(a) and Code 24 25 of Civil Procedure § 2023.010 for using a discovery method in a manner that does not comply with 26 its specified procedures, and for employing a discovery method in a manner or to an extent that 27 causes unwarranted annoyance, embarrassment, or oppression, or undue burden and expense, and for 28 - 3 – MOTION TO QUASH OR MODIFY DEPOSTION SUBPOENA AND REQUEST FOR DOCUMENTS 1 their failure to meet and confer in good faith to avoid the need for the moving party to file this motion 2 to quash and modify. 3 The motion shall be based upon this notice of motion and motion, the attached memorandum 4 of points and authorities, the attached declaration of ____________ and Exhibits attached thereto, the 5 6 records and files of this action, and on such other and further oral and/or documentary evidence as 7 may be presented at the hearing on this motion. 8 Be sure to modify these paragraphs to suit your individual 9 10 situation. Do NOT just use the wording here unless it definitely applies 11 to your particular situation. Do NOT ask for attorney’s fees if you are 12 13 not represented by an attorney. Note that you MUST serve every party 14 15 that was served with a copy of the Deposition Subpoena. 16 17 18 Dated________________ ___________________________________________________ 19 ANY ATTORNEY OR PARTY 20 To purchase the entire 19 page document visit: 21 22 https://legaldocspro.myshopify.com/products/sample-motion- 23 24 to-quash-deposition-subponea-in-california 25 26 27 28 - 4 – MOTION TO QUASH OR MODIFY DEPOSTION SUBPOENA AND REQUEST FOR DOCUMENTS