Maryland 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

§ 1-203. An indictment or warrant for conspiracy is sufficient if it substantially states: ?(name of defendant) and (name of co-conspirator) on (date) in (county) unlawfully conspired together to murder (name of victim) (or other object of conspiracy), against the peace, government, and dignity of the State.?.

A subpoena may be served by a sheriff of any county or by any person who is not a party and who is not less than 18 years of age. A person may not serve or attempt to serve a subpoena more than 60 days after its issuance.

Rather than filing an answer, a defendant may file a preliminary motion (Md. Rule 2-322). The filing of a preliminary motion under Maryland Rule 2-322 automatically extends the time for filing an answer to either: ? 15 days after the court's entry of the decision on the motion.

Rule 2-203 - Individual Not in Being-Property Interest (a)Appointment of Attorney. In an action that may affect a property interest of an individual not in being, the court, on motion of a party or on its own initiative, may appoint an attorney to represent the individual.

Maryland Courts and Judicial Proceedings Section 1-203 (a) Except as provided in subsection (b), no judge may during his term of office practice law, maintain an office for the practice of law, or have any interest in an office for the practice of law, whether conducted in whole or in part by himself or by others.

(b) Computation of Time Before a Day, Act, or Event. The latest day is included in the determination unless it is a Saturday, Sunday, or holiday, in which event the latest day is the first preceding day which is not a Saturday, Sunday, or holiday.

You may not serve the defendant yourself. Someone else, 18 or older, who is not involved in the case, must serve the defendant. There are three ways to serve someone: by certified mail, sheriff, and private process. Select how you wish to have the Defendant served by checking the box on your Complaint form.

Maryland Courts and Judicial Proceedings Section 1-203 A judge may not allow his name to be used in connection with a law office, nor may he profit directly or indirectly from the practice of law.

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Maryland Motion of Defendant to Quash Service of Process