The following form 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 a generic example that may be referred to when preparing such a form for your particular state. It 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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Details: Once the Motion to Quash is filed, Plaintiff has the burden to prove that service was legally sufficient. In the interim, the Defendant is under no legal obligation to respond to the defective summons until the Plaintiff demonstrates validity of service by evidence.
A Motion to Quash a Subpoena for the Production of Documents must be served and noticed on opposing counsel at least five days before the date of production of documents. (Code of Civ. Proc., § 1985.3; see also Slage v. Superior Court.
To obtain a legal name change in the U.S. Virgin Islands (USVI), an individual must petition the Superior Court of USVI in either St. Thomas/St. John or St. Croix for a legal name change.
Motion to Quash (cancel) Service of Summons: This motion asks the court to say that the complaint was not served properly. Say why service was not right. Read Sections 413.10 ? 418.10 of the Code of Civil Procedure about service carefully so you can explain to the court why you were not served properly.
It is a motion by a defendant seeking a ruling that the court lacks jurisdiction over his per- son sufficient to enable the court to render a "personal judgment" against him.tO It is to be distinguished from a general appearance which is, by its effect, a submission by the defendant personally to the jurisdiction of ...
Motion to Quash (cancel) Service of Summons: This motion asks the court to say that the complaint was not served properly. Say why service was not right.
