What is a motion to quash a subpoena?

A motion to quash a subpoena is a legal request made to a court in Idaho to cancel a subpoena. A subpoena is a court order issued to an individual or entity to order them to appear at a court hearing or to provide documents or other evidence. When filing a motion to quash a subpoena, a person or entity is asking the court to cancel the subpoena. Generally, the person or entity will file the motion when they feel that they have been unfairly asked to appear in court or provide information. The motion requires factual and legal grounds to be successful. In Idaho, the Idaho Rules of Civil Procedure lays out the requirements for filing a motion to quash. The motion must include a written statement explaining the reasons why the document or testimony should not be provided and a copy of the subpoena. The motion must also be filed at least 14 days before the return date on the subpoena. The return date is the date the subpoena was issued or the date the documents must be provided. Once the motion is filed, the court can decide to cancel the subpoena for any legal or factual reason that is presented in the motion. If the court finds that there are no legal or factual reasons to quash the subpoena, then the court may decide to require the documents or testimony to be provided or the hearing to be held.

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