Question
Read the following rule and hypothetical situation. Using your knowledge of legal analysis: 1. Break the rule down to its elements 2. Present a comprehensive
Read the following rule and hypothetical situation. Using your knowledge of legal analysis:
1. Break the rule down to its elements
2. Present a comprehensive phrasing of the issue/s involved and,
3. Applying the rule to the facts provided, analyze the rule as to the given hypothetical
4. Conclusion:Will the court grant the Motion to Quash the Subpoena?
Rule 4
Rules of Civil Procedure 234.A Motion to Quash a Subpoena may be filed by a party or by the person served. At a hearing, if good causeexist, the court may make an order to protect a party or witness from unreasonable annoyance, embarrassment, oppression, burden or expense.
Facts
Billy Burglar's criminal attorney wants to obtain the arresting officers' personnel files to look for prior disciplinary actions and properlyfiledasubpoena for the file to be brought to Billy's criminal trial.The prosecutor has filed a Motion to Quash the Subpoenas because they contain personal information that is not relevant.
Elements of Rule 4
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Issue/s
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Application
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Conclusions
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