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A ?motion to quash? is a request to the court to end enforcement of a court order or declare the order invalid. Sometimes parties desire to quash an injunction, subpoena, guilty plea, garnishment, or order for mandatory income withholding that has been filed against the person.
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. : a collection of papers or records arranged in order. b. : a collection of data considered as a unit (as for a computer) file.
A motion to quash may be made in all cases when there is a defect apparent upon the face of the record, including defects in the form of the indictment or in the manner in which an offense is charged.