A motion to quash asks the judge for an order setting aside or nullifying an action, such as "quashing" service of a summons.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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A court might, upon a proper motion, quash a subpoena duces tecum if the agency did not have the power to issue the subpoena, the materials sought are not relevant to an authorized investigation, and the items sought are not described with particularity and definiteness, as required by the Fourth Amendment of the U.S. ...
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.
To put down or suppress completely; quell; subdue: to quash a rebellion. to make void, annul, or set aside (a law, indictment, decision, etc.).
If a court or someone in authority quashes a decision or judgment, they officially reject it. The Appeal Court has quashed the convictions of all eleven people. [ VERB noun] Synonyms: annul, overturn, reverse, cancel More Synonyms of quash.
Plaintiff John Doe, by and through his undersigned counsel, requests this Honorable Court quash the subpoena served on ABC Investigative Solutions, LLC (ABC) because: The subpoena directs the Custodian of Records for ABC to produce the requested documents in two different locations: Washington and Lincoln, 2 N.
Any person to whom a subpoena is directed, or any party, may file a motion to quash or limit the subpoena. The motion must be filed with the judge, and it must include the reasons why compliance with the subpoena should not be required or the reasons why the subpoena's scope should be limited.
Examples of the usage of quash include "to quash a motion" or "quash evidence." The methods for quashing depend on the subject matter of the motion to quash. For example, Federal Rule of Civil Procedure 45 sets out the method for quashing a subpoena.
Quashing Witness Subpoenas Without Explicit Authority From the Federal Rules of Criminal Procedure. The Federal Rules of Criminal Procedure authorize the quashing of subpoenas for documents and other objects, but are silent on quashing subpoenas for a witness's appearance and testimony.
