Sample Motion to Quash Subpoena Duces Tecum in California.

This sample motion to quash subpoena duces tecum in California is filed pursuant to Code of Civil Procedure section 1987.1 on the grounds that,

• The subpoena duces tecum fails to include a declaration containing a sufficient statement of materiality as required by Code of Civil Procedure § 1985(b),
• The subpoena duces tecum does not comply with the provisions of Code of Civil Procedure § 1985.3(d) in that it was not served in sufficient time to allow the witness to locate and produce the records or copies in that the subpoena demands production less than 20 days after the issuance and less than 15 days after service of the subpoena duces tecum, and
• The subpoena duces tecum contains unreasonable and oppressive demands for documents and unless the motion to quash is granted the moving party will suffer unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.

The sample also requests sanctions pursuant to Code of Civil Procedure § 1987.2(a) on the grounds that the moving party has made reasonable good faith efforts to reach an informal resolution of this matter without the need for judicial intervention and the other party has refused to meet and confer in good faith.

The sample has been revised and updated in March 2018, is 18 pages and includes,

• Brief instructions,
• Memorandum of points and authorities with citations to case law and statutory authority,
• Sample declaration, and
• Proof of service by mail.

The author is is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.