jyoung said:
and if you think he gives good advice here, his tutorial on the "how to's" of lap dancing had the girls begging for more
My further response:
Mr. Young:
It's great to have someone here who has a terrific sense of humor, like yourself. It makes the boards so much more interesting !
In my continuing efforts to assist you in your current matter concerning the Subpoena you received regarding opposing counsel's demand for telephone records, I am submitting the following pleading forms for your review. These are only submitted to help "kick start" you in the right direction.
Since only you know the EXACT specifics of the subpoena, and the facts of your case in relation to the Subpoena, these forms may not meet your needs or court requirements - - especially since I don't know your State name. However, with a little massaging, and further research for your Points and Authorities, you may be able to merely "fill in the blanks" and massage these pleading forms to meet your needs.
Again, the following pleading forms are merely submitted to give you educational ideas, and perhaps, a start in the right direction according to your State's own Codes of Procedure, and other governing rules. Use them at your own risk.
The formatting may be all whacked out as a result of these Boards, but you'll be able to piece them together to see what they're all about.
The following is from California law, and may not be applicable in your State.
Good luck to you.
IAAL
------------------------------------------------------------
Motion to quash
If the consumer (that's you and your fiance, Mr. Young) wishes to prevent the production of the documents, he or she must file a motion to quash pursuant to CCP §1987.1. Service of a copy of a motion must be made on the subpoenaing attorney, the subpoenaed person, and the deposition officer. However, the motion to quash or modify the subpoena duces tecum is not invalidated for failure to notify the deposition officer but this failure may be raised by the deposition officer as an affirmative defense in any action for liability for improper release of records. [CCP §1985.3(g); see CCP §2020(d)(3) for definition of a deposition officer] A witness who is served with a motion to quash is not required to produce the documents unless ordered by the court. [CCP §1985.3(g)]
Notice of motion for order quashing deposition notice or subpoena and staying deposition [CCP §§2025(g), 1987.1]
_________[Name, office address, telephone number, and
state bar number of attorney]
Attorney for _________
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF _________
Case No._________
NOTICE OF MOTION
FOR ORDER QUASHING
DEPOSITION _________ [NOTICE or]
SUBPOENA] AND STAYING
_________[Name], DEPOSITION
Plaintiff, _________[if applicable, add:]
AND IMPOSING SANCTIONS];
vs.
_________ [POINTS AND]
_________[Name], AUTHORITIES;
Defendant. DECLARATIONS]
_________ [CCP §2025(g) or]
CCP §1987.1
If applicable add:
CCP §2023]
Date:_________
Time:_________
Location:_________
Trial date:_________
____________________________________________________________
To _________[name of deposing party], _________[deposing party’s attorney], attorney of record for _________[deposing party], and to _________[names of other parties or attorneys on whom copies of deposition notice or subpoena were served]:
PLEASE TAKE NOTICE that at _________[time], on _________[date], or as soon after as the matter can be heard, in _________ [Department or as the case may be] of the _________ County Superior Court, _________[court address], _________[moving party] will move the court for an order quashing the deposition _________ [notice or subpoena] served on _________[witness], and staying the deposition pending determination of the motion. The deposition is scheduled to be held on _________[date], at _________[time], at _________[address], _________[city], _________ County, California. This motion is made on the grounds that _________[specify, for example: plaintiff is seeking disclosure at defendant’s deposition of the identity of defendant’s confidential sources and of unpublished information supplied by such sources. As a reporter, defendant has a qualified privilege to withhold such information pursuant to Article I, section 2, subdivision (a) of the California Constitution]. _________[If sanctions are sought, add the following: Pursuant to section 2023(b)(1) of the Code of Civil Procedure, _________ (moving party) will also seek monetary sanctions of $_____ against _________ (specify noticing party and party’s attorney or as the case may be) for reasonable attorney fees and costs incurred in bringing this motion. Such sanctions are sought on the ground that there is not substantial justification for _________ (noticing party’s) conduct in _________ (specify conduct for which sanctions are sought).]
The motion will be based on this notice of motion, the attached memorandum of points and authorities, the declaration of _________[name of witness, attorney, or as the case may be], the record and files of this case, and any further oral or documentary evidence introduced at the hearing of this motion.
Dated _________.
_______________________
[Signature]
Attorney for _________[moving party]
Notes - - Proposed order: To assist the court in ruling on a motion to quash a notice or subpoena, the moving party should attach a proposed order that the court may use in fashioning its order.
Declaration in support of motion to quash deposition notice or subpoena and stay deposition [CCP §2025(g)]
_________[Name, office address, telephone number, and
state bar number of attorney]
Attorney for _________
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF _________
Case No._________
DECLARATION OF _________[name]
_________[Name], SUPPORTING MOTION FOR
Plaintiff, ORDER QUASHING DEPOSITION
_________ [NOTICE or SUBPOENA]
vs.
AND STAYING DEPOSITION
_________[Name], _________[If applicable, add:]
Defendant. AND IMPOSING SANCTIONS]
Date:_________
Time:_________
Location:_________
Trial date:_________
____________________________________________________________
I, _________[name of moving party’s attorney], declare:
1. I am an attorney licensed to practice law in California. I am the attorney of record for _________[name of moving party], the _________ [plaintiff or defendant or as the case may be] in the above cause of action.
2. I make this declaration in support of _________[moving party’s] motion for an order staying the oral deposition of _________[name of deponent] and _________ [quashing or modifying] the deposition _________ [notice or subpoena] issued by _________[subpoenaing or noticing party]. _________[If applicable, add the following: I also make this declaration in support of _________ (moving party’s) motion for _________ (monetary sanctions or as the case may be).]
3. _________[Deponent’s] deposition is scheduled for _________[time], on _________[date], at _________ [the law offices of _________ (name of deposing party’s attorney), at _________ (address), _________ (city), California or as the case may be].
4. _________[If moving party filed written objections to the notice, add the following: On _________ (date), _________ (moving party) served _________ (deposing party) with written objections to the deposition notice. Briefly, _________ (moving party) objected to the deposition notice because _________ (specify, for instance: it required the deponent to travel to a location more than _________ miles outside the 150 mile distance limits prescribed by section 2025(e)(1) of the Code of Civil Procedure). A copy of _________ (moving party’s) written objections is attached as Exhibit _________ and incorporated by reference.]
5. On behalf of _________[moving party], I attempted to informally resolve the issues presented in this motion by _________[describe in detail moving party’s efforts to resolve issues, for instance: telephoning _________ (name of opposing attorney), the deposing party’s attorney of record, on _________ (date), and by following up that phone call with two letters, dated _________ (date), and _________ (date). On the phone and in my letters to _________ (opposing attorney), I offered to produce my client for deposition at _________ (address), _________ (city), _________ County, California, a site within the statutorily-prescribed limits contained in section 2025(e)(1) of the Code of Civil Procedure. However, _________ (opposing attorney) refused to depose my client at this location, and insisted that the deposition take place as originally noticed. Copies of my letters, together with _________ (opposing attorney’s) letters in response are attached as Exhibit _________ and incorporated by reference].
6. _________[If sanctions are sought, add the following: _________ (Moving party) has and will incur the following reasonable costs and attorney fees in making and attending the hearing of this motion:]
_________(List expenses, for instance:
Preparation of motion — $_____
Attendance at, and transportation to and from hearing — $_____
Filing fees — $_____
Total expenses and fees — $_____]
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated _________.
_______________________
[Signature]
Attorney for _________[moving party]
Notes - - Attempt at informal resolution: Declarations in support of motions to quash deposition notices must state facts showing a reasonable, good-faith attempt at informal resolution of all issues presented in the motion. [CCP §2025(g)]
Notice of motion and supporting declaration for protective order limiting scope of discovery or restricting extent or use of discovery (Code Civ. Proc., §§2017, subd. (c), 2019, subd. (b))
_________[Attorney state bar number, address, phone (& fax)
number(s)]
Attorney for _________[Name and capacity of party]
_________ COURT OF THE STATE OF CALIFORNIA
COUNTY OF _________
_________[Name], CASE NO. _________
Plaintiff, NOTICE OF MOTION FOR
PROTECTIVE ORDER
vs. LIMITING
_________[SCOPE OF DISCOVERY]
_________[Name], [or RESTRICTING EXTENT OR]
Defendant. [USE OF DISCOVERY METHOD]
AND FOR SANCTIONS;
MEMORANDUM OF POINTS
AND AUTHORITIES;
SUPPORTING DECLARATION
OF _________[NAME]
Date: _________
Time: _________
Dept. No. _________
Trial Date: _________
_________
TO EACH PARTY AND TO THEIR ATTORNEYS OF RECORD:
YOU ARE HEREBY NOTIFIED that on _________[date], at _________[time], in Department No. _________ of this Court, located at _________[address], _________[plaintiff or defendant or other affected person] _________[name] will move the court for a protective order
[If seeking order under Code Civ. Proc., §2017, subd. (c)]
limiting the scope of discovery by _________[specify manner in which discovery is to be limited, e.g., granting _________ (moving party)'s motion to quash the subpoena for discovery of her wage statements, tax returns, and bank records and issuing a protective order prohibiting future attempts at discovering her finances], and for an order that _________[name] be compelled to pay monetary sanctions to _________[moving party]. The motion will be made under Code of Civil Procedure section 2017, subdivision (c) on the ground that the burden, expense, or intrusiveness of the proposed discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence in that _________[specify, e.g., discovery of these records is protected by _________ (moving party) 's right of privacy and is needlessly intrusive] .
[If seeking order under Code Civ. Proc., §2019, subd. (b)]
restricting the frequency or extent of use of a discovery method by _________[specify manner in which a discovery method is to be restricted, e.g., quashing the subpoena for the wage statements, tax returns, and bank records of _________ [(moving party)], and issuing a protective order prohibiting the use of other discovery methods to discover _________[(moving party)] 's finances], and for an order that _________[name] be compelled to pay monetary sanctions to _________[moving party]. The motion will be made under Code of Civil Procedure section 2019, subdivision (b) on the ground that _________[the discovery sought is unreasonably cumulative or duplicative or the discovery sought is obtainable from some other source that is more convenient, less burdensome, or less expensive or the selected method of discovery is unduly burdensome or expensive] in that _________[specify, e.g.,to the extent that _________ [(former husband)]'s living expenses or spending patterns are relevant, they may be discovered through interrogatories or inspection demands directed at him rather than _________[(moving party)] ].
[Continue]
The motion will be based on this notice, the attached points and authorities, the attached declaration of _________[name], and the complete file and records of this case.
Date: _________
_________[NAME OF LAW FIRM]
By: _________[Signature]
_________[Typed name of attorney]
Attorney for _________[Moving party]
POINTS AND AUTHORITIES SUPPORTING MOTION FOR PROTECTIVE ORDER LIMITING _________[SCOPE OF DISCOVERY or RESTRICTING EXTENT OR USE OF DISCOVERY METHOD]
DECLARATION OF _________[NAME] SUPPORTING MOTION FOR PROTECTIVE ORDER LIMITING _________[SCOPE OF DISCOVERY or RESTRICTING EXTENT OR USE OF DISCOVERY METHOD]
I, _________[name], declare as follows:
1. I am the _________[describe, e.g., attorney of record for _________ [(specify affected third party)]] in this action. I have personal knowledge of the matters contained in this declaration and, if called as a witness to testify, I could and would competently testify to them.
2. _________[State factual background for motion, e.g., On _________ [(date)], _________[(moving party)] was served with a copy of a subpoena for her wage statements, tax returns, and bank records by counsel for_________[(name)] , the former wife of_________[(moving party)] 's housemate._________[(Moving party)] seeks to quash this subpoena and seeks a protective order prohibiting future attempts at discovering her finances].
3. _________[Specify reasons for relief, e.g., The purported reason for the discovery was that such information was necessary to resolve issues of spousal support and community property division in the marital dissolution of _________ [(specify)]. Such discovery is intrusive, and violative of _________[(moving party)] 's right of privacy. Moreover, to the extent any of this information is relevant, there are other, less intrusive and less burdensome, ways of procuring it, for example, by a demand to inspect the bank records of_________[(moving party)] 's housemate].
4. _________[Describe reasonable and good faith attempt to resolve informally the issues presented in this motion, e.g., On _________ [(date)], I wrote to counsel for the subpoenaing party, expressing my deep concerns with their proposed discovery, and suggesting that he pursue another line of discovery. He telephoned me on _________[(date)] , refused to cooperate, and began using epithets against my client].
5. _________[State facts supporting award of monetary sanctions, e.g., By being forced to bring this motion, my client has incurred reasonable expenses and attorney's fees in the amount of $_____ , consisting of: _________ [(itemize expenses and fees)]].
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: _________
_________[Signature]
_________[Typed name of declarant]
Notes - - Purpose: This form is a notice of motion and supporting declaration for a protective order to limit the scope of discovery or restrict a discovery method. The court will grant such a protective order if it determines that the grounds specified in this form exist. The court may make this determination only pursuant to a motion for a protective order brought by a party or other affected person. (Code Civ. Proc., §§2017, subd. (c), 2019, subd. (b).) The declaration is based in part on the facts in Babcock v. Superior Court (DeGiovanni) (1994) 29 Cal.App.4th 721 [35 Cal.Rptr.2d 462], and Harris v. Superior Court (1992) 3 Cal.App.4th 661 [4 Cal.Rptr.2d 564].
Informal Resolution: The motion for a protective order must be accompanied by a declaration stating facts showing a reasonable and good faith attempt at an informal resolution of any issue presented by the motion. (Code Civ. Proc., §§2017, subd. (c), 2019, subd. (b).)
Monetary Sanctions: Monetary sanctions refer to the payment of reasonable expenses, including attorney's fees, incurred by anyone as a result of a misuse of discovery. (Code Civ. Proc., §2023, subd. (b)(1).) A request for sanctions must, in the notice of motion, identify every person against whom the sanction is sought and specify the type of sanction sought. The notice must be accompanied by a supporting memorandum of points and authorities and a declaration setting forth facts supporting the amount of sanction sought. (Code Civ. Proc., §2023, subd. (c).)
Protective order limiting scope of discovery or restricting extent or use of discovery (Code Civ. Proc., §§2017, subd. (c), 2019, subd. (b))
_________[Attorney name, state bar number, address, phone (& fax)
number(s)]
Attorney for _________[Name and capacity of party]
_________ COURT OF THE STATE OF CALIFORNIA
COUNTY OF _________
_________[Name], CASE NO. _________
Plaintiff, [PROPOSED] ORDER GRANTING
PROTECTIVE ORDER
vs. LIMITING
_________[SCOPE OF DISCOVERY]
_________[Name], [or RESTRICTING EXTENT OR]
Defendant. [USE OF DISCOVERY METHOD]
_________
The motion of _________[plaintiff or defendant or other affected person] _________[name] for a protective order _________[limiting the scope of discovery by _________ (specify manner in which discovery is to be limited, e.g., granting _________ [(moving party)]'s motion to quash the subpoena for discovery of her wage statements, tax returns, and bank records and issuing a protective order prohibiting future attempts at discovering her finances) or restricting the frequency or extent of use of a discovery method by _________(specify manner in which a discovery method is to be restricted, e.g., quashing the subpoena for the wage statements, tax returns, and bank records of _________[(moving party)] , and issuing a protective order prohibiting the use of other discovery methods to discover_________[(moving party)] 's finances) ], and for monetary sanctions against _________[name], came on regularly for hearing on _________[date], before Hon. _________ , in Department _________ of the above-entitled court. Plaintiff appeared [in person and] by counsel _________[name]; defendant appeared [in person and] by counsel _________[name] [;_________[(affected person)] appeared [(in person and)] by counsel _________[(name)]]. The matter having been argued and evidence having been submitted, and proof having been made to the satisfaction of the court,
IT IS ORDERED THAT the motion of _________[plaintiff or defendant or other affected person] should be and is granted and that _________[specify terms of protective order, e.g., the subpoena for discovery of _________ [(moving party)]'s wage statements, tax returns, and bank records is quashed and future attempts at discovering her finances are prohibited]. It is further ordered that monetary sanctions in the amount of $_____ be paid to _________[moving party] by _________[name].
Date: _________
_________[Signature]
Judge of the _________ Court
Notes - - Purpose: This form of order is for use by the prevailing party on a motion for a protective order to limit the scope of discovery or restrict a discovery method. (Code Civ. Proc., §§2017, subd. (c), 2019, subd. (b).)
The court must impose monetary sanctions against any party, person, or attorney who unsuccessfully makes or opposes this motion, unless it finds that the one subject to sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. Proc., §§2017, subd. (c), 2019, subd. (b).)
Objections to deposition notice [CCP §2025(g)]
_________[Name, office address, telephone number, and
state bar number of attorney]
Attorney for _________
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF _________
Case No._________
_________[Name], OBJECTIONS TO
Plaintiff,
NOTICE OF DEPOSITION OF
vs. _________[Name of deponent]
[CCP §2025(g)]
_________[Name],
Defendant.
____________________________________________________________
To _________[name of deposing party], _________[attorney], attorney of record for _________[deposing party], and to _________[names of other parties or attorneys on whom copies of deposition notice or subpoena were served]:
PLEASE TAKE NOTICE that _________[objecting party], the _________ [plaintiff or defendant] in the above action, objects to _________[deposing party’s] notice of deposition of _________[name of deponent], on the grounds that _________[specify, for example: the notice of deposition failed to describe the areas to be covered during the deposition as required by section 2025(d)(6) of the Code of Civil Procedure].
Dated _________.
_______________________
[Signature]
Attorney for _________[objecting party]
