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Louisiana Quash

State:
Louisiana
Control #:
LA-5466
Format:
Word; 
Rich Text
Instant download

Description

This document is a legal motion to quash filed by the defendant in the Judicial District Court of Louisiana. It asserts that the defendant's right to a timely trial was violated as per the specified time limits in the Louisiana Code of Criminal Procedure. It includes details about the defendant's arrest, the filing of charges, arraignment, and requests for dismissal of the bill of information due to expired prosecution time periods. An accompanying order is also present, requiring the State to show cause for why the motion should not be granted.
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FAQ

What happens after a motion to dismiss is filed in a civil litigation, does the case continue while the Court is deciding whether to grant or deny the Motion?Finally, the judge will decide to grant or deny the motion. But there could be months between the moving papers and the decision.

After the motion to quash is filed, the court will review the case and make its determination. For example, if the judge grants a motion to quash service, then the service on the defendant would be considered void. A motion to quash that is approved would also invalidate any applicable decisions from a lower court.

Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."

Transitive verb. : to suppress or extinguish summarily and completely quash a rebellion.

A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid.In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer.

Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."

A motion to quash must be based on valid grounds.If the court grants the motion, it may quash the subpoena entirely, modify it, or order that you comply with it on specified conditions. If the court denies the motion, you will usually have to comply with it as written.

WHAT IS MEANT BY THE STATEMENT THAT A MOTION TO QUASH HYPOTHETICALLY ADMITS ALLEGATIONS OF FACT IN THE INFORMATION? > It means that the accused argues that assuming that the facts charged are true, the information should still be dismissed based on the ground invoked by the defendant.

Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."

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Louisiana Quash