What does quash mean in legal terms?

Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."

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Motion to Quash...

Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

Q: What does quash mean in legal terms?

Definition. To set aside; to void. As in &quot;to quash a motion&quot; or &quot;quash evidence.&quot;

Category:

Criminal - Indictments

State:

Multi-State

Control #:

US-02613BG

Format:

Instant download

Description

The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. The court shall consider no ground other than those stated in the motion, except lack of jurisdiction over the offense charged.

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.

At most preliminary hearings, the prosecution, judge, defendant and defense attorney will gather in the courtroom to consider the charges and evidence. The two sides will present arguments so that the judge can determine if the case should go to trial. This is done without the presence of a jury.

By Federal law, once an indictment is filed and the defendant is aware of it, the case must proceed to trial within 70 days.

Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."

To overthrow; to annul; to make void or declare invalid; e.g., "quash a subpoena."In criminal cases, if an indictment is defective to such a degree that no judgment could be made if the defendant were to be convicted, the court typically will quash the indictment.

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.

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.