Defendant moves the court to quash the indictment against him/her. Defendant argues that the indictment fails to supply required information, and the indictment is also vague and ambiguous and does not apprise the defendant of the charge against him/her with sufficient specificity to permit adequate preparation of a defense.
California Motion to Quash Indictment
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FAQ
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.