Tennessee Motion to Quash

State:
Tennessee
Control #:
TN-SKU-0471
Format:
PDF
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Description

Motion to Quash

A Tennessee Motion to Quash is a legal motion that is filed in criminal court in the state of Tennessee. It is used to challenge the legal sufficiency of the charges brought against the defendant. If the motion is granted, it can result in the dismissal of the charge or charges. There are three main types of Tennessee Motion to Quash: Motion to Quash Indictment, Motion to Quash Information, and Motion to Quash Service of Process. A Motion to Quash Indictment is used to challenge the indictment itself, such as if it was obtained unlawfully or if it is too vague or ambiguous. A Motion to Quash Information is used to challenge the information provided in the indictment, such as if it does not provide sufficient evidence to support the charges. A Motion to Quash Service of Process is used to challenge the service of process, such as if it was not done properly.

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FAQ

RULE 45. Every subpoena shall be issued by the clerk, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at the time and place and for the party therein specified.

Rule 45.04 - Subpoena for Taking Depositions - Place of Deposition (1) A subpoena for taking depositions may be issued by the clerk of the court in which the action is pending.

SUBPOENA. Every subpoena shall be issued by the clerk, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at the time and place and for the party therein specified.

A subpoena may command a person to produce and permit inspection, copying, testing, or sampling of designated books, papers, documents, electronically stored information, or tangible things, or inspection of premises with or without commanding the person to appear in person at the place of production or inspection.

Rule 45.04 - Subpoena for Taking Depositions - Place of Deposition (1) A subpoena for taking depositions may be issued by the clerk of the court in which the action is pending.

A subpoena may command a person to produce and permit inspection, copying, testing, or sampling of designated books, papers, documents, electronically stored information, or tangible things, or inspection of premises with or without commanding the person to appear in person at the place of production or inspection.

Common grounds for filing a motion to quash are that the individual is outside the subpoena range, or that the items to be produced are unavailable within the specified time or at the specified location. Other common grounds for filing a motion to quash include undue burden and expense.

Rule 45.07 - Protection of Persons Subject to Subpoena (1) A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a non-party witness subject to the subpoena and shall provide the non-party witness at least twenty-one (21) days after

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Tennessee Motion to Quash