5B3d

In resisting the subpoena cite to the Free Flow of information Act and Rule 26 of the Nebraska Discovery Rules for all Civil Cases.

There is no stock language or preferred text that should be included in a motion.

There is no statutory or case law addressing this issue.

There is no particular language required for the motion to quash. It should, however, clearly set out the relief sought by the motion, particularly if the motion seeks to preclude some portion of the requested testimony, or requested documents, rather than the entirety of what may be sought in the subpoena or subpoena duces tecum. See, generally, Rule 45 of the Idaho Rules of Civil Procedure and Rule 17 of the Idaho Criminal Rules.

There is no preferred text or mandatory language that should be included in such a motion.

A motion to quash should include a memorandum of law that references the rights a reporter has under the First Amendment to the United States Constitution and Chapter I, Article 13 of the Vermont Constitution. See supra, Sections I.B. and I.C. The motion should also reference the qualified reporter's recognized by the Vermont Supreme Court in State v. St. Peter, 132 Vt.

Typical language in a motion to quash a subpoena (in a civil case) asks the court, pursuant to Fed. R. Civ. P. 45(c)(3)(A), to quash the subpoena that has been served by the [plaintiff/defendant] upon the third-party witness __[name]__, on grounds that the subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies. The motion to quash should also set forth applicable Tenth Circuit case law and should seek a protective order under Fed. R. Civ. P.

There is no Illinois statutory or case law addressing this issue.

The motion must include a certification or affidavit from the reporter attesting to the fact that he or she is employed as a news person and that the information sought was obtaining while "in the course of pursuing his professional activities".

There is no particular language necessary; Washington has notice pleading. See CR 1.