An affidavit provides evidentiary support for a motion. This is affidavit provides evidentiary support for a motion to quash service and to dismiss an action filed in a Massachusetts' court in litigation between parties who had contractually agreed that any litigation regarding the agreement was to be commenced only in a specific state's courts.
Massachusetts Affidavit in Support of Motion to Quash Service and to Dismiss Action for Lack of Jurisdiction
State:
Massachusetts
Control #:
MA-01902BG
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
The Massachusetts Affidavit in Support of Motion to Quash Service and to Dismiss Action for Lack of Jurisdiction is a legal document used in court proceedings.
This affidavit serves to challenge the court's authority to hear a case based on jurisdictional grounds. The individual presenting this affidavit (the affiant) must provide sworn statements supporting their claim that the court does not have jurisdiction over the matter at hand.
Who should use this form
This form is intended for individuals or entities who are named as defendants in a lawsuit filed in Massachusetts but believe that the court does not have jurisdiction over them.
Common users include:
- Individuals who reside outside Massachusetts but are named in a Massachusetts court case.
- Businesses that are incorporated in another state and are being sued in Massachusetts.
- Legal representatives acting on behalf of defendants disputing jurisdiction.
How to complete a form
Filling out the Massachusetts Affidavit in Support of Motion to Quash Service requires attention to detail. Follow these steps:
- Provide your full name and contact information in the designated sections.
- State your residency and confirm you are over eighteen years of age.
- Clearly identify the court case details, including the names of the parties involved and the case number.
- Detail the reasons for claiming lack of jurisdiction, citing relevant agreements if necessary.
- Sign and date the affidavit in front of a notary public.
Key components of the form
The affidavit contains several essential parts, including:
- Name and contact details: The affiant must clearly provide personal information.
- Jurisdiction arguments: A detailed explanation of the basis for claiming the court lacks jurisdiction.
- Exhibits: Attach relevant documents that support the claims, such as contracts or agreements.
- Signature and notarization: The affiant's signature is required, along with a notary's seal to verify the affidavit.
Common mistakes to avoid when using this form
To ensure your affidavit is accepted, watch out for the following common errors:
- Incomplete or inaccurate personal information.
- Failure to clearly articulate the jurisdictional challenges.
- Not attaching necessary exhibits that substantiate your claims.
- Omitting the notary section or failing to get the form notarized.
What documents you may need alongside this one
When preparing your affidavit, consider having the following documents ready:
- Any previous court orders related to your case.
- Contracts or agreements relevant to the jurisdiction claim.
- Evidence of residency or business incorporation details.
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FAQ
A motion to quash must be based on valid grounds.If the court grants the motion, it may quash the subpoena entirely, modify it, or order that you comply with it on specified conditions. If the court denies the motion, you will usually have to comply with it as written.
A motion to quash is the proper pleading to test the validity of a service of summons and complaint upon an entity that is not by its true or fictitious name made a party to an action.
X FILED A MOTION TO QUASH ON THE FOLLOWING GROUNDS: THAT THE COURT LACKED JURISDICTION OVER THE PERSON OF THE ACCUSED AND THAT THE COMPLAINT CHARGED MORE THAN ONE OFFENSE. CAN THE COURT GRANT THE MOTION ON THE GROUND OF LACK OF JURISDICTION? on this ground.
Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid.In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer.
After the motion to quash is filed, the court will review the case and make its determination. For example, if the judge grants a motion to quash service, then the service on the defendant would be considered void. A motion to quash that is approved would also invalidate any applicable decisions from a lower court.
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court.