Tennessee Motion to Quash

State:
Tennessee
Control #:
TN-SKU-0652
Format:
PDF
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Description

Motion to Quash

A Tennessee Motion to Quash is a legal document used to challenge the validity of a subpoena, arrest warrant, or other legal document in the state of Tennessee. It is a motion filed by a party in a civil or criminal case to request that a court quash, or dismiss, the document in question. There are two types of Tennessee Motion to Quash: a motion to quash service of process and a motion to quash an arrest warrant. The motion to quash service of process is used to challenge the validity of how the document was served, such as if the served was not properly served or if the person served was not properly notified. The motion to quash an arrest warrant is used to challenge the underlying facts of the warrant, such as if the warrant was not properly issued or if the person named in the warrant is not the person who committed the alleged crime.

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FAQ

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.

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 45.07 - 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

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.

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.

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.

More info

However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing. A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid.A "motion to quash" is a request to the court to end enforcement of a court order or declare the order invalid. Any person to whom a subpoena is directed, or any party, may file a motion to quash or limit the subpoena. Your browser can't play this video. A Motion to Quash evidence asks a judge to suppress a piece of evidence because there is a problem with it. A motion to quash asks the court to confirm that you don't have to respond to a discovery request. Choosing an item from citations and headings will bring you directly to the content. Read Section 535 - Time to file motion to quash, La. Code Crim. Proc. art. 535, see flags on bad law, and search Casetext's comprehensive legal database.

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Tennessee Motion to Quash