Motion to quash deposition. Subsequent Papers Apr 29, 2009 · Motion to Quash Rules. 3 (g). Make official files in a several hours, rather than days or weeks, without spending an arm and a leg with an attorney. N. It was silly but we are putting it up so people can see the form of such a motion in Maryland. (f) (1) Any employee whose employment records are sought by a subpoena duces tecum may, prior to the date for production, bring a motion under Section 1987. 57. The moving must provide compelling reasons, such as lack of relevancy, privilege, undue burden, or violation of procedural rules, to convince the court to quash the subpoena. For a more detailed treatment, including local rules, on bringing a motion to quash or a motion to quash or modify the subpoena. Filing # 87902548 E-Filed 04/12/2019 01:10:38 PM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA CASE NO. ) A motion to quash may be made on behalf of a non-party witness by the witness or the witness’ lawyer, or by one of the parties or a party’s lawyer. 001 (1), Fla. This motion is commonly used in legal proceedings in the state of Hawaii, where a party wishes to challenge the validity (3)(A) On timely motion, the court by which a subpoena was issued, or regarding a subpoena commanding appearance at a deposition, or production or inspection directed to a non-party, the court in the county where the non-party resides, is employed or regularly transacts business in person, shall quash or modify the subpoena if it: Rule 1. Subpoenas are demands for someone to testify, produce documents, or provide tangible things. The court may: (1) Quash or modify the subpoena if it is unreasonable or oppressive, or No witness or deposition officer is required to produce testimony or records after notice of a motion to quash a subpoena until the court orders or the parties agree to a specific production. The court shall quash or modify the subpoena if the subpoenaed person demonstrates the existence of any of the reasons set forth in subdivision (3) of this subsection. (f) Conduct of the A Motion to Quash a Subpoena for the Production of Documents must be served and noticed to the opposing counsel at least five days before the scheduled document production date, as stipulated by Code of Civil Procedure, § 1985. ) A motion to quash production of documents must be accompanied by a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should Step 1: Understand Purpose of Motion to Quash. If no agreement can be reached, then the party issuing the subpoena must file AND COUNTERCLAIM Case No. Privilege: If the information sought in the Motion to quash. Created Date. There can be various types of South Dakota Motion to Quash Deposition Subpoena Ducks Cecum, including: 1. D. Ulloa (2011) 73 So. Special grounds for motion to quash information. 03. On January 24, 2022, defendant filed eight Motions to Quash and Stay the subpoenas on the grounds defendant had previously the same records on November 17, 2021subpoenaed , rendering the December 21, 2021 subpoenas duplicative and unnecessary . "1. Defective process; motion to quash; untimely service; motion to dismiss. A party or witness may object to the time and place designated for an oral deposition by motion for protective order. Production of business records and other materials. 3d 911, 914. 010) of Title 4 of Part 4 of the Code of Civil Procedure, excepting the Below is an example of a motion to quash a videotaped deposition. XV, Art. Black’s Law Dictionary (11th ed. P. P. You may make a Motion to Compel Production (deadline: 20 days after service of the written objection), or file an Opposition The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compel answers at a deposition; (5) To compel or to quash the production Section 2941. Object moved Object moved to here. 6 (f) (amended eff 1/1/13). Same Judge For Subsequent Applications for Orders Rep. ” (Godwin, id. , Tutor-Saliba Corp. 1, dated January 24, 2021 [re State MOTION TO QUASH THE SUMMONS AND SERVICE OF PROCESS. § 8. Then tell the judge exactly what you want them to do and why. (“Dr. Jim Dotson respectfully submit this brief in support of their motion to quash the subpoenas duces tecum served upon them in this case pursuant to Rules 26(c) and 45(b Aug 10, 2012 · A Motion to Quash that is timely filed automatically cancels the deposition until a hearing is held on the motion and the judge rules. TENTATIVE RULINGS FOR February 1, 2022 Department $24 - Judge Gilbert G. Mar 9, 2023 · Alza Corp. The WCJ denied the Motion to Quash Deposition because applicant failed to submit a declaration or any other evidence that he had made a reasonable and good faith attempt to resolve informally any deposition- related disputes prior to filing the Motion to Quash Deposition. A motion to quash typically is only two or three paragraph long. Prac. See full list on depositionacademy. Preview. Doe”). Trial of issues arising on motion to quash. R. A party or witness may object to the time and place designated for an oral deposition by filing a motion for a protective order or to quash the notice of deposition. 4th 1831, 1849 (1994). 3/1/2006 2:45:17 PM. 1 . If you simply fail to show without filing a a motion to quash or modify the subpoena. 4]. CCP § 1985. 2002) (motion to quash should be brought before noticed date of deposition commanded by subpoena). 4. (In re Patel (2007) 218 S. did not file a motion to quash the above notice within 3 days of being served with it, the party would have to obtain a ruling on such a motion. United States, 30 Fed. 3d 787, 790 citing citing § 914. Service and filing of the notice of motion automatically extends the defendant’s time to plead In law, a motion to quash is a formal request made to a court to declare a specific proceeding, such as a subpoena, an arrest warrant, or a legal complaint, as invalid or void. Plaintiff Jane Doe (“Plaintiff”) files this Motion for Protective Order under Md. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. Motions to quash challenge subpoenas when they seem improper or overly burdensome. 00 Receipt # 14637011918) Mar 31, 2024 · On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought or the form requested is not reasonably accessible because of undue costs or burden the court may nonetheless order discovery considering the limitations set out in rule 1. MOVING PAPERS. Plaintiff’s Subpoena and for Protective Order on September 9, 2021 (the “First Motion”)), email. The King Washington Motion to Quash Deposition Subpoena Ducks Cecum is a legal document that is filed by an individual or party seeking to challenge or prevent the enforcement of a subpoena duces tecum in a deposition. Privilege or Confidentiality: This type of motion is filed when the party Mar 5, 2024 · A motion to quash is a request to a court to render a previous decision of that court or a lower judicial body null or invalid. Objection to Notice of Oral Deposition-Three (3) Days Before Deposition LA CODE CRIM PROC Tit. In further support of the Motion, PSI states as follows: 1. Rules regarding motions for protection and motions to quash apply to all such motions filed on or after January 1, 1999. Superior Court, 28 Cal. Civ. 01-277. Caption. 3, or upon the court’s own motion after giving counsel notice and an It also eliminates the necessity for a non-party to file a motion to quash or modify a deposition subpoena for testimony or subpoena for production of documentary evidence. USAA ultimately sought mandamus relief from the Texas Supreme Court. Elsewhere, we have a motion to quash in federal court. ANDERSON, GARY C. 237, 240 (S. It includes the notice, attendance, objections, and conduct of oral depositions, as well as the methods of recording and producing documents. CV 04-9484 AHM (SHx) NOTICE OF MOTION AND MOTION TO QUASH AND FOR A PROTECTIVE ORDER 1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE THAT on August 16, 2010, at 2:00 p. 1. The court may quash or modify the subpoena if the subpoena is unreasonable and oppressive or may require that the party who served the subpoena pay the reasonable A California Court of Appeals decision provides that a consumer may move to quash or modify a subpoena and does not limit that right to party consumers. In January 2020 Plaintiff was sexually assaulted during a physical examination by an Acme Medical Group doctor, Defendant John Q. USE OF DEPOSITIONS. 1 to quash or modify the subpoena duces tecum. Dismiss the motion to quash. 300(8) Form for motion to quash notice of deposition because of disqualification for interest FL-RCPF R 1. The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question. Jun 2, 2021 · Grounds for Motion to Quash. Ochoa This court follows California Rules of Court, rule 3. 155, 156 (1993). The filing No witness or deposition officer is required to produce testimony or records after notice of a motion to quash a subpoena until the court orders or the parties agree to a specific production. The motion shall be filed in the court in the county in which the trial, hearing, deposition, or production of materials is to occur. Rule 2-403 and seeks to quash subpoenas served on her former psychiatrist and psychologist. A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. 2019) Subpoena to Testify at a Deposition in a Civil Action, attached as Exhibit 1 to the Motion to Quash Subpoena and/or for Protective Order of Non-Party Oklahoma County Court Clerk. Mar 19, 2018 · First (older) approach: a motion to quash the subpoena must be filed within the 14-day deadline for serving objections set by Rule 45 (d) (2) (B). If a Motion to Quash or objections are raised in a timely fashion, the parties must resolve the dispute without Court action. Section 2941. Notice of the bringing of that motion shall be given to the witness and the deposition officer at least five days prior to production. |. Legal Standards and Analysis Under Federal Rule of Civil Procedure 45, a court must, on a timely motion, quash or modify a subpoena if it (1) fails to allow a reasonable time for compliance; (2) (c) The issuance of a subpoena for the attendance and testimony of a non-party deponent or for a subpoena duces tecum for the production of papers, records, books, and electronically stored information for deposition of a non-party shall be governed by the requirements set forth in Chapter 1 (commencing with Section 2016. , 211 F. (Nexray Medical Imaging PC v. SmartRules guides cover the rules and requirements in detail so you can be confident when filing Motions to Quash in California Superior Courts. Doe, M. Modify the subpoena to make it reasonable. ) The CDA allows parties to obtain evidence from third parties by three methods: Oral deposition, in which a witness provides sworn testimony on the record; Written deposition, in which a witness provides written answers under penalty of perjury; and. 05, if done no later than the third day the courthouse is open after delivery of the notice of deposition, is effective to stay the deposition subject to determination of the motion to quash. law comprehensive legal database for any state court documents. Time to file motion to quash. Helms, (2017 Ohio 7148, 6 [Ohio Ct. 3, 1987. (1) Depositions Permitted. Subsequent Papers A consumer/employee who is a party needs to file a motion to quash the Subpoena in court. A motion to quash or modify a deposition subpoena duces tecum may be made by a party or the non-party witness. Depositions Upon Oral Examination. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the Oklahoma Evidence Code applied as though the witness were then present and testifying, may be used against any party who was present or who was represented at the taking of the deposition or who had reasonable notice thereof, in May 18, 2024 · A motion to quash, fix conditions or modify a subpoena shall be made promptly in the court in which the subpoena is returnable. Rules regarding the conduct of depositions Feb 20, 2024 · The filing of a motion to quash a deposition with the district clerk and service on opposing counsel or parties in accordance with Local Rule 2. Lantz v. The filing A(7)(b) Motion to quash or to modify. For more, see Overview – Third-Party Discovery. Get the state-specific example in a couple of clicks Free Consultation (800) 553-8082 Miller & Zois helps injured victims and their families in personal injury, medical malpractice and wrongful death cases. R. Sample Motion to Quash Deposition. If the motion is filed by the third business day after service of the notice of deposition, an objection to the time and place of a deposition stays the oral deposition until the By filing a motion to quash, the party being served with the subpoena can object to its contents or argue that it is overly burdensome or irrelevant to the case. A “Motion to Strike” is a similar motion Court Order Filed - Court's Ruling on Plaintiff's Motion to Quash Subpoena. Apr 23, 2009 · United States District Court Motion to Quash–Cheat Sheet. Some examples of when a Motion to Quash evidence can be used: The chain of custody was broken; The evidence is confidential or highly prejudicial; or. Quash is a funny word. A third-party subpoena in California can Apr 23, 2024 · 4. set forth in this motion, attorneys ____, attorneys for victim ____, move to quash Defendant’s. The court must impose a monetary sanction against the losing party on the motion to quash unless it expressly finds that that party acted with A Motion to Quash evidence is typically used in a criminal case and often called a “Motion to Suppress Evidence. Defendants' Motion for PO and to Quash Deposition Subpoenas. 41 pages. To quash is “to annul or make void; to terminate. com This rule governs the procedure for taking oral depositions by deposition on oral examination in civil cases in Texas. Because parties don't have to subpoena each other for discovery Only the party requesting the subpoena may file a response to a motion to quash or modify, and any such response shall be filed within five days following service of the motion. This rule allows a party served with written questions to file a motion to quash within 20 days after being served. This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum. Y. Partially grant the motion and quash parts of the subpoena. If the motion is filed by the third business day after service of the notice of deposition, an objection to the time and place of a deposition stays the oral deposition until the A California Court of Appeals decision provides that a consumer may move to quash or modify a subpoena and does not limit that right to party consumers. Rule 30 - Depositions by Oral Examination (a) When a Deposition May Be Taken. W. A California Court of Appeals decision provides that a consumer may move to quash or modify a subpoena and does not limit that right to party consumers. Write the body of your motion. 1308 (a) (1) for tentative rulings. New York courts broadly interpret this power of the courts to quash or modify a subpoena or impose conditions the court finds just. g. requests that the Court “completely quash Defendant’s subpoena and notice of deposition on written questions,” id. Second (newer) approach: a motion to quash is timely if it is filed before the return date of the subpoena. (Civ. This was a defense motion filed because the defense lawyer does not like that we videotape depositions. C. 03, a subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein. This motion is a crucial tool used in the legal process to protect the rights and interests of the person being deposed. The date of delivery of a notice of deposition or motion to quash a notice of deposition is the date of actual delivery to counsel or a party, unless received after 5:00 p. May 8, 2024 · (3) At any time during a deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass or oppress the deponent or party, the court in which the action is pending or the court in the county where the deposition is being taken may Aug 4, 1998 · TEXT. , § 1987. The evidence was tampered with. . v. Case Name THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YO vs. 2 pages) Mar 20, 2015 · The plaintiffs cross move for an order pursuant to CPLR 2308 (b) holding the nonparty witness in contempt of court for disobeying the subpoena duces tecum, for an order requiring him to appear for a deposition; for an order requiring him to pay the court reporter costs associated with the first deposition; for an order pursuant to 22 NYCRR Dec 13, 2021 · In an underinsured motorist (UIM) case, USAA challenged the plaintiff’s deposition notice for a corporate representative on multiple grounds, and the trial court denied USAA’s motion to quash. Cl. Thus, a timely filed motion to quash deposition notice and subpoenas, as well as written question and requests, may assert that the subpoena requests are (among other reasons): overbroad, not relevant, not likely to lead to the discovery of admissible evidence, not material, and; privilege. Read court documents, court records online and search Trellis. 45(c)(2)(B), permitting the subpoenaed non-party to serve a written objection on the party or attorney designated in the Jan 22, 2023 · In order to stop a third party from complying with a subpoena’s request, a motion to quash must be filed. Maryland Personal Injury Lawyers. When people don’t want to respond to a subpoena, they might have a lawyer file a motion to quash or approach a higher court with an argument that the original issuer of the subpoena in some way acted illegally, and Title. An objection that the deposition will take place by videoconference shall no— standing alone—be a ground to file a motion to quash or for protective order “The granting of a motion to quash does not implicate the same concerns. 536. LA CODE CRIM PROC Tit. 3. 2. A. 2 Quashing Subpoenas. If the subpoena is not returnable in a court, a request to withdraw or modify the subpoena shall first be made to the person who issued it and a motion to quash, fix conditions or modify may thereafter be made in the supreme court; except that such motion with respect Effect of Motion to Quash Deposition. (B) Upon agreement of the parties, an attorney, as an officer of the . (CMI, Inc. If the court grants the motion to quash, the legal action or order in Unlike the prior rule, place of service is not critical to place of compliance. Unlike personal jurisdiction over a foreign corporation registered and doing business within the State of Florida, the subpoena power of a Florida court over a person or legal entity which is not a party in a lawsuit does not extend beyond state lines. m. (See San Bernardino Superior Court Local Emergency Rule 8. 535. Although a court may grant a motion to quash even after this deadline, as seen in Slage v. 10, is a challenge to the court’s jurisdiction over the person in civil actions, including unlawful detainer actions. (a) If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any MOTION for Protective Order, MOTION to Quash by Lindsey Miller. Form and contents of motion to quash; place to file. ( a) When Depositions May Be Taken. (Motion to Quash and Stay Subpoena Duces Tecum CCP 1985. Post-Deposition Motion to Quash: If a party has already participated in a deposition where a subpoena duces tecum was issued, they may file this type of motion to Apr 13, 2021 · A Motion to Quash is a motion filed stating the legal objections to why a person or entity should not be required to comply with the subpoena. The Court Clerk moves the Court to quash the deposition subpoena pursuant to Federal Rule of Civil Procedure 45 and/or to issue a protective order to prevent the Aug 23, 2021 · A party or witness may object to the time and place designated for an oral deposition by motion for protective order or by motion to quash the notice of deposition. ) In State v. A motion to quash or to modify the command for production must be served and filed with the court no later than the deadline set for production. May 15, 2009April 23, 2009by wschneider. Rule 45 (c) (1) addresses a subpoena to testify at a trial, hearing, or deposition. (Attachments: # 1 attachment# 2 Civil Cover Sheet # 3 Text of Proposed Order) (ljs, Deputy Clerk) (Filing Fee $39. A motion to quash may be made when there is a defect apparent upon the face of the record, within the meaning of sections 2941. Requirements for Motions to Quash are detailed and complex. In conjunction with a deposition properly noticed under Rule 57. Use this “Cheat Sheet” to learn the Federal Rules of Civil Procedure related to a motion to quash or modify subpoena in the United States District Courts. 1 provides that, when a subpoena requires the production of documents, …the court, upon motion reasonably made by the party, the witness, or any consumer described in Section 1985. Under Rule 45(d)(3)(A), the proper court to bring a motion to quash or modify is the court for the district where compliance is required, which may or may not be the same as the court where the case is A motion to quash is a request to the court to end enforcement of a court order, or to declare the order invalid. Following its previous intrusive and overbroad subpoena to PSI and its employee, Defendant Eric Israel (which subpoena prompted PSI and Israel to file a Motion to Quash. Civil Practice § 9-11-45. , or as 3 soon thereafter as the matter may be heard, in the courtroom of the Honorable 4 Stephen J. If the motion is filed by the third business day after service of the notice of deposition, an objection to the time and place of a deposition stays the oral deposition until 1. A motion to quash service of summons under Code of Civil Procedure, section 418. Hillman, located at 255 East Notice of the bringing of that motion shall be given to the witness and deposition officer at least five days prior to production. (2010). Subsequent Papers May 17, 2020 · Court ruling on motion to quash subpoena. 280 (d) (2) ". : 2019-CA-000160 …. App. Note that non-party consumers may object to a subpoena by serving written objections. Stat. When presented with a motion to quash a subpoena, the court has four options: Grant the motion and quash the subpoena. 3 (g); CCP § 1985. Motion to quash indictment. [See Rule 199. 199. The motion to quash must clearly state the grounds, such as: 1. 02 to 2941. 300(8) La Coe's Pleadings Under The Florida Rules Of Civil Procedure With Forms Persons Before Whom Depositions May Be Taken (Approx. ) Trial Court The Texas Rules of Civil Procedure specifically address motions to quash depositions on written questions in Rule 200. If the motion to quash is overruled the judge can order you to pay costs, attorney fees, and possibly sanctions if the court determines that the motion was groundless. Law & Rules, § 2304; Civ. Enforcement of a deposition subpoena shall be in accordance with the procedures set forth in § 263. in which case the date of delivery is deemed to be the next day on which the courthouse is open. New York caselaw holds that a Motion to Quash a subpoena can be made to challenge the validity of the subpoena or the jurisdiction of the issuing authority. Upon The filing of a motion to quash a deposition with the district clerk and service on opposing counsel or parties in accordance with Local Rule 2. Title: New Hampshire Motion to Quash Deposition Subpoena Ducks Cecum: A Comprehensive Guide Introduction: A New Hampshire Motion to Quash Deposition Subpoena Ducks Cecum is a critical legal document used to challenge or suppress a subpoena requesting the production of documents during a deposition process. Here you will find any template including Maryland Objection to and Motion to Quash Subpoena Duces Tecum forms and download them (as many of them as you wish/need to have). The failure to provide notice to the deposition officer shall not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action Defendants have standing to move to quash a subpoena served on non-parties. 534. The party filing the motion generally believes that the action or order is defective, invalid, or unjust. ”. subpoena duces tecum on the following grounds: (1) the subpoena is overbroad and irrelevant; (2) granting the subpoena would undermine critical government interests; (3) the subpoena is. e. 54 | Motion to quash indictment. Proc. (a) (1) (A) The clerk of the superior court of the county in which the action is pending or the clerk of any court of record in the county where the deposition is to be taken shall issue subpoenas for the persons sought to be deposed, upon request. C. A motion to quash is a legal request filed by a party to nullify or set aside a specific legal action or order, such as a subpoena, summons, or service of process. The rule adopts the procedure under Fed. A party may depose: (A) any party; (B) any person disclosed as an expert witness under Rule 26. Law & Rules, § 3103. Tex. Mar 21, 2024 · A motion to quash is a formal request asking a federal court to withdraw or cancel a subpoena. Use this "At A Glance Guide" to learn the statewide rules of civil procedure applicable to bringing a motion to quash A party or witness may object to the time and place designated for an oral deposition by motion for protective order. A person, upon whom process to answer any action has been served, may take advantage of any defect in the issuance, service or return thereof by a motion to quash filed prior to or simultaneously with the filing of any pleading to the merits. 1 and 1987. At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass or oppress the deponent or party, the court in which the action is pending or the court in the county where the deposition is being A. or by motion to quash the notice of deposition. [6] A motion is persuasive writing. Start with a paragraph that briefly summarizes the basic facts of the case and identifies the subject of your motion. 54. In the discovery context, a motion to quash seeks to limit or avoid discovery that has been demanded by subpoena. 4. If the consumer/employee objects or files a motion to quash: the witness is not permitted to respond to your Deposition Subpoena. A preference to attend the oral deposition in person shall not—standing alone—be a ground to file a motion to quash or for protective order, nor shall it stay the deposition. 2017]) the court of appeals held that “[t]he trial court had discretion to quash discovery by [the Defendant] as a reasonable exercise of its inherent power over discovery matters. (1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court, except as specified in paragraph (2) of this subdivision. 35, inclusive, of the Revised Code, including defects in the form of indictment and in the manner in which an Notice for Production of Documents (Motionto Quash Deposition). The exact usage of motions to quash depend on the rules of the particular court or tribunal. 27(d). ” 735 ILCS 5/2-1101. at 4. Charlie Collins and Rep. Sections 1987. A Hawaii Motion to Quash Deposition Subpoena Ducks Cecum is a legal document filed by a party to request the court to cancel or invalidate a deposition subpoena that requires the production of specific documents or evidence. unduly burdensome on the complaining witness; (4) the Dec 1, 2017 · Motion to Quash Deposition of Written Questions - Motion Motion to Quash Deposition of Written Questions Party: Johnson, James February 23, 2018. No witness or deposition officer is required to produce testimony or records after notice of a motion to quash a subpoena until the court orders or the parties agree to a specific production. Although Rule 45 (a) (1) (A) (iii) permits the subpoena to direct a place of compliance, that place must be selected under Rule 45 (c). > > Read More. The Court Has The Power To Quash Or Modify A Subpoena Code of Civil Procedure section 1987. 2. 537. Jul 13, 2020 · Filing a motion to quash automatically excuses the custodian and deposition officer from producing the subpoenaed records until the court orders their production or the parties stipulate thereto. When a motion to quash is filed, the Supreme Court Rules. (e) Enforcement of a deposition subpoena. See, e. 1(d)(1); (C) any treating physician in a medical malpractice action; and (D) any document custodian in order to secure production of documents and establish evidentiary foundation. Code of Civil Procedure – Section 1987. ( Code of Civ. 3. “For good cause shown, the court on motion may quash or modify any subpoena. en ma ri zs yx pk zf tr mo sc