Will the court grant the motion to quash the subpoena

Assignment Help Business Law and Ethics

Reference no: EM133671852

Assignment:

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: Did Sally Violate Rule 4?

Rule 4: A Major Disciplinary Infraction for Possession of a Weapon in school is a violation that occurs in school and severely interferes with the learning and safety of others, and is of a threatening or harmful nature.

Facts: Just before high school started, students Sally and Nick were in a heated argument in the schoolyard when Sally flashed what appeared to be a gun to Nick and said, "You better stay away from me." This was witnessed by several students, one of whom squealed on Sally, who was later found with an airsoft gun in her purse.

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?

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 cause exist, the court may make an order to protect a party or witness from unreasonable annoyance, embarrassment, oppression, burden or expense.

Facts: Steve Stealer's criminal attorney wants to obtain the arresting officers' personnel files to look for prior disciplinary actions and properly filed a subpoena for the file to be brought to Steve's criminal trial. The prosecutor has filed a Motion to Quash the Subpoenas because they contain personal information that is not relevant.

Reference no: EM133671852

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