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Oklahoma Motion of Defendant to Quash Service of Process

Category:
Civil Procedure - Service of Process
State:
Multi-State
Control #:
US-01914BG
Format:
Word; 
Rich Text
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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

Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed.

The Petition must be served on the defendant(s) along with a Summons. The Summons is issued by the Court Clerk and provides notice to the defendant(s) that they have been sued and directs them to respond by filing an Answer within twenty (20) days of the date they receive the Summons and Petition.

The purpose of Rule 4 is to establish rules of ethical conduct for state officers and employees by prohibiting conflicts between their public duties and private economic interests.

(2) Response to Motion. Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed. The argument and authorities in support of the response shall be included therein, and no separate brief may be tendered for filing.

Civil Procedure. §12-39. Court clerk ? Prohibition of posting documents containing certain charges on court-controlled website.

A process server must be 18 years of age or older. A process server cannot have committed a felony in Oklahoma or another state. A process server must pay all fees, submit the appropriate application, and execute a $5000 bond with the state.

Oklahoma law allows a criminal defendant to file a Motion to Quash for insufficient evidence in felony cases after a preliminary hearing.

A court may decide a motion for either a summary judgment or summary disposition without a hearing, and where this is done, the court shall notify the parties of its ruling in writing by mail or email.

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