1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County _________________

10

11 Any Plaintiff, ) Case No.

)
12 NOTICE OF MOTION AND MOTION TO QUASH
Plaintiff, )
SUBPOENA DUCES TECUM, AND FOR
)
13 MONETARY SANCTIONS IN THE AMOUNT OF
vs. )
$_________, MEMORANDUM OF POINTS AND
)
14 AUTHORITIES, DECLARATION OF __________,
Any Defendant, )
EXHIBITS
)
15 Defendant. ) DATE: TIME:
) DEPT:
16 )
)
17 )
)
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NOTICE OF MOTION AND MOTION TO QUASH SUBPOENA DUCES TECUM
 1 Be sure to remove this notice and all other notices before using this
2

3
document.
4 TO: _____________________________ AND THEIR ATTORNEY OF RECORD HEREIN:
5
PLEASE TAKE NOTICE that on ____________, 20___, at _______.m. or as soon thereafter
6
as the matter may be heard, in Department ________ of the above-entitled court, located at
7

8
__________________________, ___________________________will and hereby does move this

9 Court:

10 1. For an order quashing the subpoena duces tecum served on _____________________

11
and an order that the moving party need not respond to or produce any of the requested documents on
12
the grounds that the subpoena duces tecum fails to include a declaration containing a sufficient
13
statement of materiality as required by Code of Civil Procedure 1985(b).
14

15 2. For an order quashing the subpoena duces tecum served on _____________________

16 and an order that the moving party need not respond to or produce any of the requested documents on
17
the grounds that the subpoena duces tecum does not comply with the provisions of Code of Civil
18
Procedure 1985.3(d) in that it was not served in sufficient time to allow the witness to locate and
19
produce the records or copies in that the subpoena demands production less than 20 days after the
20

21 issuance and less than 15 days after service of the subpoena duces tecum.

22 3. For an order quashing the subpoena duces tecum served on _____________________

23
and an order that the moving party need not respond to or produce any of the requested documents on
24
the grounds that the subpoena duces tecum contains unreasonable and oppressive demands for
25
documents.
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NOTICE OF MOTION AND MOTION TO QUASH SUBPOENA DUCES TECUM
 1 4. For an order of sanctions as against ______________________________, in the
2 amount of $____________ for their blatant failure and refusal to meet and confer in a reasonable
3
good faith effort to reach an informal resolution of this matter.
4
This motion is brought pursuant to Code of Civil Procedure 1987.1 on the grounds that (1)
5

6
that the moving party need not respond to or produce any of the requested documents on the grounds

7 that the subpoena duces tecum fails to include a declaration containing a sufficient statement of

8 materiality as required by Code of Civil Procedure 1985(b), (2) on the grounds that the subpoena
9
duces tecum does not comply with the provisions of Code of Civil Procedure 1985.3(d) in that it
10
was not served in sufficient time to allow the witness to locate and produce the records or copies in
11
that the subpoena demands production less than 20 days after the issuance and less than 15 days after
12

13 service of the subpoena duces tecum, and (3) on the grounds that the subpoena duces tecum contains

14 unreasonable and oppressive demands for documents and that unless the motion to quash is granted
15
the moving party will suffer unwarranted annoyance, embarrassment, or oppression, or undue burden
16
and expense.
17

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19
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21 subpoena-duces-tecum-in-california
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NOTICE OF MOTION AND MOTION TO QUASH SUBPOENA DUCES TECUM