1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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6

7

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO QUASH
vs. ) AND/OR MODIFY DEPOSITION SUBPOENA
13 ) FOR PERSONAL APPEARANCE AND
) PRODUCTION OF DOCUMENTS AND THINGS,
14 Any Defendants, and DOES 1-5, inclusive, ) AND FOR SANCTIONS; MEMORANDUM OF
) POINTS AND AUTHORITIES; DECLARATION OF
15 Defendants. ) _________; EXHIBITS
)
16 )
) DATE:
17 ) TIME:
) PLACE:
18 )
)
19 )
)
20

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28 - 1 –

MOTION TO QUASH OR MODIFY DEPOSTION SUBPOENA AND REQUEST FOR DOCUMENTS
1 To view over 300 sample legal documents sold by LegalDocsPro
2

3
visit: http://www.scribd.com/LegalDocsPro
4 TO: ALL INTERESTED PARTIES AND THEIR RESPECTIVE ATTORNEYS OF
5
RECORD:
6
PLEASE TAKE NOTICE THAT on ____________, 20__, at _______.m. or as soon
7

8
thereafter as the matter may be heard, in Department ________ of the above-entitled court, located at

9 ________________________, _________, ____________ will and hereby does move this Court:

10 1. For an order quashing and/or modifying the Deposition Subpoena for Personal
11
Appearance and Production of Documents and Things for the deposition currently scheduled for
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__________at ______.M. at _____________________ located at ____________________ to LIST
13
HERE HOW YOU WOULD LIKE THE DEPOSITION SUBPOENA QUASHED OR
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15 MODIFIED SUCH AS quashing the Deposition Subpoena for Personal Appearance and Production

16 of Documents and Things (Subpoena) in its entirety on the grounds that the Subpoena does not
17
comply with the provisions of Code of Civil Procedure § 2020.310(e) in that it does not describe with
18
reasonable particularity the matters on which examination is requested, or permitting ________ to be
19
deposed over the telephone under the provisions of Code of Civil Procedure § 2025.310(a)(b) on the
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21 grounds that attending this deposition would impose a great burden on _________________.

22 2. For an order quashing the request for documents and things on the grounds that
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MODIFY THE WORDING BELOW TO FIT YOUR PARTICULAR SITUATION
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The Subpoena does not comply with the provisions of Code of Civil Procedure § 2020.220(a)
25
in that it does not allow the objecting party sufficient time to have a reasonable opportunity to locate
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28 - 2 –

MOTION TO QUASH OR MODIFY DEPOSTION SUBPOENA AND REQUEST FOR DOCUMENTS
1 and produce any designated business records, documents, or tangible things and a reasonable time to
2 travel to the deposition location.
3
The Subpoena does not comply with the provisions of Code of Civil Procedure § 2020.410(a)
4
in that it does not designate the business records to be produced either by specifically describing each
5

6
individual item or by reasonably particularizing each category of item, and also does not specify the

7 form in which any electronically stored information is to be produced, if a particular form is desired.

8 The Subpoena does not comply with the provisions of Code of Civil Procedure § 2020.410(c)
9
in that it was served on LIST DATE, which date is less than 15 calendar days before the date of the
10
Deposition which is scheduled for LIST DATE OF DEPOSITION.
11
The Subpoena does not comply with the provisions of Code of Civil Procedure § 2020.410(d
12

13 in that it seeks the production of consumer or employee records and is not accompanied either by a

14 copy of the proof of service of the notice to the consumer described in subdivision (e) of Section
15
1985.3, or subdivision (b) of Section 1985.6, as applicable, or by the consumer’s written
16
authorization to release personal records described in paragraph (2) of subdivision (c) of Section
17
1985.3, or paragraph (2) of subdivision (c) of Section 1985.6, as applicable.
18

19 The Subpoena does not comply with the provisions of Code of Civil Procedure § 2024.020(a)

20 in that the date for testimony and/or production of business records is less than 30 calendar days
21
before the trial date.
22
3. For an award of sanctions against_______________, _______ and their attorney of
23
record, _______ in the amount of $____ pursuant to Code of Civil Procedure § 1987.2(a) and Code
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25 of Civil Procedure § 2023.010 for using a discovery method in a manner that does not comply with

26 its specified procedures, and for employing a discovery method in a manner or to an extent that
27
causes unwarranted annoyance, embarrassment, or oppression, or undue burden and expense, and for
28 - 3 –

MOTION TO QUASH OR MODIFY DEPOSTION SUBPOENA AND REQUEST FOR DOCUMENTS
1 their failure to meet and confer in good faith to avoid the need for the moving party to file this motion
2 to quash and modify.
3
The motion shall be based upon this notice of motion and motion, the attached memorandum
4
of points and authorities, the attached declaration of ____________ and Exhibits attached thereto, the
5

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records and files of this action, and on such other and further oral and/or documentary evidence as

7 may be presented at the hearing on this motion.

8
Be sure to modify these paragraphs to suit your individual
9

10 situation. Do NOT just use the wording here unless it definitely applies
11
to your particular situation. Do NOT ask for attorney’s fees if you are
12

13 not represented by an attorney. Note that you MUST serve every party
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15
that was served with a copy of the Deposition Subpoena.
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Dated________________ ___________________________________________________
19 ANY ATTORNEY OR PARTY
20
To purchase the entire 19 page document visit:
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23

24 to-quash-deposition-subponea-in-california
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MOTION TO QUASH OR MODIFY DEPOSTION SUBPOENA AND REQUEST FOR DOCUMENTS