Civil Procedure Motion To Quash
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Noun. a folder, cabinet, or other container in which papers, letters, etc., are arranged in convenient order for storage or reference. a collection of papers, records, etc., arranged in convenient order: to make a file for a new account.
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.
Motion to quash Before filing the motion, you must do two things: (1) serve written objections to the deposition notice; and (2) meet and confer with opposing counsel before filing the motion. If you file a motion to quash, the deposition is automatically stayed pending the court's ruling.
Most motions to quash a subpoena involve timeliness, relevancy, improper court, undue burden, the time span covered, standing, and invasion of the attorney-client privilege or work product.
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.