What is a motion to quash a subpoena?

A motion to quash a subpoena is a legal document that people can file in order to challenge the validity or enforceability of a subpoena. A subpoena is a court order that requires someone to appear in court and give testimony or to produce documents or other items of evidence. In the state of Florida, a person can file a motion to quash a subpoena if they believe the subpoena goes against their constitutional rights, is overly broad or unduly burdensome, or violates public policy. For example, a subpoena may be quashed if it asks for documents that are privileged, like attorney-client communications. A motion to quash a subpoena must be filed before the date specified in the subpoena. The motion should explain the reason the person believes the subpoena should be quashed. After the motion is filed, the court will review it and make a decision. The court can agree with the motion and quash the subpoena, deny the motion and require the person to comply with the subpoena, or modify the subpoena by narrowing its scope. If the court denies a motion to quash the subpoena, the person may still have the right to object to certain parts of the subpoena during their testimony or to refuse to answer certain questions. Depending on the circumstances, the person may be held in contempt of court if they fail to comply with a subpoena and an associated court order.

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What is a motion to quash a subpoena?

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