California Motion to Quash Indictment is a legal procedure utilized by defendants to challenge the validity and sufficiency of an indictment in a criminal case. When a defendant believes that the indictment is flawed, they may file a motion to quash to request the court to dismiss it. In California, there are several types of motions to quash indictments that may be filed based on different grounds. These include: 1. Insufficient evidence: This motion argues that the evidence presented in the indictment is insufficient to support the charges brought against the defendant. The motion asserts that there is not enough evidence to establish probable cause or a prima facie case, thereby demanding the dismissal of the indictment. 2. Legal defect: This type of motion claims that the indictment contains a legal defect. It argues that the prosecution failed to allege an essential element of the offense, relied on an invalid statute or improperly charged the offense. The defendant seeks to quash the indictment on this basis. 3. Defective grand jury proceedings: If the indictment was obtained through a grand jury, this motion asserts that there were procedural errors, misconduct, or other irregularities that taint the indictment's validity. The defendant will provide reasons why the indictment should be quashed due to such defects in the grand jury proceedings. 4. Double jeopardy: In cases where a defendant has already been acquitted or convicted of the same offense in a previous legal action, a motion to quash the indictment on the grounds of double jeopardy may be filed. The motion argues that prosecuting the defendant for the same offense violates their constitutional protection against double jeopardy. 5. Violation of the defendant's constitutional rights: This motion alleges that the indictment violates a defendant's constitutional rights, such as the right to due process, right to counsel, or right against unlawful searches and seizures. The defendant seeks to quash the indictment based on these violations. When filing a California Motion to Quash Indictment, it is crucial to provide specific legal arguments and supporting evidence to substantiate the grounds asserted. The motion should clearly outline the alleged defects in the indictment and how they render it invalid or unfair. It is recommended to seek the assistance of legal counsel to ensure a thorough and effective motion is filed.
California Motion to Quash Indictment
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A Motion to Quash a Subpoena for the Production of Documents must be served and noticed on opposing counsel at least five days before the date of production of documents. (Code of Civ. Proc., § 1985.3; see also Slage v. Superior Court.
Within 15 days after the filing of the response, the petitioner may move to quash, in whole or in part, any request for affirmative relief in the response for the grounds set forth in (a).
Details: Once the Motion to Quash is filed, Plaintiff has the burden to prove that service was legally sufficient. In the interim, the Defendant is under no legal obligation to respond to the defective summons until the Plaintiff demonstrates validity of service by evidence.
Motion to Quash (cancel) Service of Summons: This motion asks the court to say that the complaint was not served properly. Say why service was not right. Read Sections 413.10 ? 418.10 of the Code of Civil Procedure about service carefully so you can explain to the court why you were not served properly.
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 service specifically states that a party to a court case was NOT properly served notice of the court case. The motion must be signed by a public notary. For a motion to quash service to be considered, a person must be able to prove that: They were NEVER properly served a notice of summons for the case.
If a defendant thinks the other side did not have the Complaint and Summons properly served, they can file a motion to ask the judge to cancel (to quash) the service. This is called a motion to quash service of summons.
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. Synonyms: annul, overturn, reverse, cancel More Synonyms of quash.