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Filing a motion to quash automatically excuses the custodian and deposition officer from producing the subpoenaed records until the court orders their production or the parties stipulate thereto. CCP § 1985.3 (g); CCP § 1985.6 (f) (amended eff 1/1/13).
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.
Examples of the usage of quash include "to quash a motion" or "quash evidence." The methods for quashing depend on the subject matter of the motion to quash. For example, Federal Rule of Civil Procedure 45 sets out the method for quashing a subpoena.
To put down or suppress completely; quell; subdue: to quash a rebellion. to make void, annul, or set aside (a law, indictment, decision, etc.).
If a court or someone in authority quashes a decision or judgment, they officially reject it. The Appeal Court has quashed the convictions of all eleven people. [ VERB noun] Synonyms: annul, overturn, reverse, cancel More Synonyms of quash.
LAW. to state officially that something, especially an earlier official decision, is no longer to be accepted: quash a conviction/decision/order His conviction was quashed in March after a lengthy legal battle.