Georgia Sample Letter for Motion to Quash
Description
How to fill out Sample Letter For Motion To Quash?
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FAQ
The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question. When a motion to quash is filed, the court will review the arguments and evidence presented by the party filing the motion, as well as any opposing arguments.
Quash means to set aside or to void. In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial. Examples of the usage of quash include "to quash a motion" or "quash evidence."
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
A motion to quash is timely if made before the date specified in the subpoena for compliance. In considering a motion to quash, the trial court may hold a hearing and, as necessary, entertain any relevant testimony.
Service upon a party may be made by serving his or her counsel of record. A subpoena must be personally served on the witness or business at least 24 hours before the scheduled court hearing.
Quash or modify the subpoena if it is unreasonable and oppressive; or. Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the evidence.
(b) The court, upon written motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may: (1) Quash or modify the subpoena if it is unreasonable and oppressive; or (2) Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is ...
The subpoena is unreasonable or oppressive; 2. the testimony, documents, or objects sought are irrelevant, immaterial, or cumulative; 3.
