What is a motion to quash a subpoena?

A motion to quash a subpoena is a legal action taken to challenge the validity of a subpoena in California civil procedure. A subpoena is a legal document from a court that compels a person to appear in court, provide certain documents, or give a deposition. A motion to quash a subpoena can be filed by a party or non-party to the case. It is usually filed when the subpoena is too broad, does not have a reasonable time frame, or requests information that is irrelevant. The party or non-party filing the motion to quash must demonstrate how the subpoena is unreasonable. Once a motion to quash has been filed, it is up to the court to decide whether the subpoena should be quashed or not. Courts will typically consider any valid legal arguments and/or evidence presented in the motion. If the court determines that the subpoena should be quashed, the document will be nullified. If the court rejects the motion to quash, the person must comply with the subpoena or risk being held in contempt of court. In sum, a motion to quash a subpoena is a legal action taken to challenge the validity of a subpoena in California civil procedure. It is usually filed when the subpoena is deemed unreasonable. The court then decides whether to quash the document or to reject the motion and require the person to comply with the subpoena.

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