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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.
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.
A. : a collection of papers or records arranged in order. b. : a collection of data considered as a unit (as for a computer) file.
If you think the landlord's Complaint was filled out wrong or was served wrong, you might file a motion to ask the court to do something about it instead of filing an Answer. These motions are called a Motion to Quash Service or a Demurrer.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.