A Motion to Quash a Subpoena

A Motion to Quash a Subpoena

Directions: Read the following rule and hypothetical situation. Using your knowledge of legal analysis:

1. Break the rule down to its elements

2. Present a comprehensive phrasing of the issue/s involved and,

3. Applying the rule to the facts provided, analyze the rule as to the given hypothetical

4. Conclusion: Will the court grant the Motion to Quash the Subpoena?

Rule 4

Elements of Rule 4

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Facts

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Issue/s

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Application

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Conclusions

Rules of Civil Procedure 234. A Motion to Quash a Subpoena may be filed by a party or by the person served. At a hearing, if good cause exist, the court may make an order to protect a party or witness from unreasonable annoyance, embarrassment, oppression, burden or expense.

1.     Supoena may be filed by party or person served

Billy Burglar’s criminal attorney wants to obtain the arresting officers’ personnel files to look for prior disciplinary actions and properly filed a subpoena for the file to be brought to Billy’s criminal trial. The prosecutor has filed a Motion to Quash the Subpoenas because they contain personal information that is not relevant.

Complete Answer:

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