Vermont 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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The officer or other person making an attachment shall make proof of its execution by setting forth on the original or a certified copy of the writ, or a paper attached to it for that purpose, the date or dates and manner of execution and a description of all real estate and a list of all goods, chattels, or other ...

Rule 29 - Motion for Judgment of Acquittal (a)Motion Before Submission to Jury. Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place.

RULE 17. (a) For Attendance of Witnesses; Form; Issuance. A subpoena must be issued provided by the clerk, a judge, or a member of the Vermont bar.

Rule 41 - Search and Seizure (a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued only by a judicial officer upon request of a law enforcement officer, an attorney for the state, or any other person authorized by law.

Rule 5 - Appearance Before a Judicial Officer (a)In General. When a person arrested with or without a warrant, or served a citation or summons, is brought or appears before a judicial officer as provided in Rules 3 and 4, the judicial officer shall proceed in ance with this rule.

The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 42 days after service of the summons and complaint upon that defendant.

No trustee process shall issue against any person for any amount due from such person to the defendant as earnings except where: (i) The claim has first been reduced to judgment; (ii) Execution may issue on the judgment pursuant to these rules; (iii) The judgment debtor has neglected or refused to pay or make ...

The court on motion of a defendant may grant a new trial to the defendent if required in the interests of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.

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Vermont Motion of Defendant to Quash Service of Process