Florida Motion of Defendant to Quash Service of Process

State:
Multi-State
Control #:
US-01914BG
Format:
Word; 
Rich Text
Instant download

Description

A defendant may object to lack of jurisdiction over the person because of defects in the form or contents of process or in the service of the process by a Motion to Quash or a motion or set aside the process or service of the process. The defense of insufficiency of process or insufficiency of service of process may, at the option of the pleader, be raised either in the responsive pleading or by motion. A motion making these defenses must be made before pleading (e.g., answering the complaint).


This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.

Under Florida service of process rules, only an authorized officer (usually the county sheriff) or a competent, disinterested third-party appointed by the court can serve as a process server in civil cases.

Under Florida service of process rules, only an authorized officer (usually the county sheriff) or a competent, disinterested third-party appointed by the court can serve as a process server in civil cases.

Insufficient service of process under Rule 12(b)(5) occurs when the paperwork is complete, but isn't properly delivered to the defendant. For example, if the plaintiff leaves the summons with the defendant's six-year-old child, that would invalidate the service.

Under Rule 3.190, a Motion to Dismiss can be filed for a multitude of reasons, including, but not limited to, statute of limitations violations, pardons, failures to establish a prima facie case of guilt (factual insufficiencies), double jeopardy, prosecutorial immunity, discovery violations, prosecutorial misconduct, ...

If the defendant tries to evade service by staying away from their home, you can serve them at their workplace or another public place. If that does not work, you may need to locate another address to serve them at.

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.

Insufficient service of process in Florida can cause the lawsuit to be dismissed. Note: for those who file a federal claim in the federal courts, there is an independent and distinct ?service of process? procedure to follow under federal law. See, e.g., Rule 5 of the Federal Rules of Civil Procedure.

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Florida Motion of Defendant to Quash Service of Process