What action should a person take if they are served with a subpoena that they believe is improper?

Get ready for the BPS I Civil Procedure Test. Utilize flashcards and multiple-choice questions with detailed explanations to boost your preparation. Excel in your exam!

When a person believes a subpoena is improper, filing a motion to quash the subpoena is the appropriate action to take. A motion to quash is a request made to the court to nullify or void the subpoena. This is a formal way for a person to challenge the validity or scope of the subpoena, often based on grounds such as undue burden, relevance, or privilege.

This action allows the court to review the subpoena's legality and determine whether it should be enforced, modified, or dismissed. It is crucial to address the issue through the court system instead of merely complying with or ignoring the subpoena, as either of those actions may have negative legal consequences. Simply complying can lead to the unwanted production of documents or testimony, while ignoring the subpoena could result in penalties, including contempt of court. Therefore, a motion to quash effectively safeguards the individual's rights and interests by seeking judicial intervention to address the concerns surrounding the subpoena.

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