Washington 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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FAQ

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. Examples of the usage of quash include "to quash a motion" or "quash evidence."

If the party has appeared before the motion is filed, the party may respond to the pleading or otherwise defend at any time before the hearing on the motion. If the party has not appeared before the motion is filed the party may not respond to the pleading nor otherwise defend without leave of court.

A motion to quash service specifically states that a party to a court case was NOT properly served notice of the court case. The motion must be signed by a public notary. For a motion to quash service to be considered, a person must be able to prove that: They were NEVER properly served a notice of summons for the case.

If a defendant thinks the other side did not have the Complaint and Summons properly served, they can file a motion to ask the judge to cancel (to quash) the service. This is called a motion to quash service of summons.

Simply put, it is a verb meaning to put an end to. A motion to quash refers to a specific type of request, in which one court is asked to render the decision made by another, lower court as invalid. A motion to quash example would be if a party experienced improper service of process.

(c) Protection of Persons Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.

A Motion to Dismiss requests that the judge ends the case. A Motion to Quash, on the other hand, asks the judge to declare something, such as a warrant, invalid. The latter motion does not dispose of the case.

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Washington Motion of Defendant to Quash Service of Process