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.
Texas Motion to Quash Indictment
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- Locating the appropriate authentic document template can be challenging.
- Utilize the US Legal Forms website.
- The service provides an extensive range of templates.
- All templates are reviewed by experts and meet federal and state regulations.
- If you are already registered, Log In to your account.
- Select the file format and download the authentic document template.
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FAQ
In law, a motion to quash is a formal request made to a court to declare a specific proceeding, such as a subpoena, an arrest warrant, or a legal complaint, as invalid or void. The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question.
A motion to quash service in Texas argues a defect in the citation issued by the court. If allowed, the judge must dismiss the current lawsuit. However, the plaintiff could file a new case or ask the court for permission to issue a corrected citation.
There are, however, some limitations on how long the case can be pending. First, if an indictment is not obtained within the first 90 days of a person being in custody or first 180 days of a person being on bond, the individual must be given a reasonable or personal recognizance bond.
What is a motion to quash? A motion to quash asks the court to confirm that you don't have to respond to a discovery request. In this case, the motion asks the court to confirm that you don't have to respond to discovery you received before the deadline for initial disclosures.
Quash means to set aside or to void. In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial.
Section 159.105 - Motions to Quash or for Protective Order (a) On behalf of a subpoenaed witness, a party may move to quash a subpoena or for a protective order. A party that moves to quash a subpoena must serve the motion on the other party at the time the motion is filed with SOAH.
