Santa Clara California Motion of Defendant to Quash Service of Process

State:
Multi-State
County:
Santa Clara
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

A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court.

However any motion to quash service must be filed in a timely manner to avoid a default being entered. The hearing date on the motion to quash must not be more than 30 days after the filing of the notice of motion to quash pursuant to Code of Civil Procedure section 418.10(b).

2022 California Rules of Court (3) Any opposition must be served and filed within 15 days after the motion is filed. (Subd (a) amended effective January 1, 2007.) (1) The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired.

Motions to quash warrants claim that the warrant was insufficient or improper and the evidence gained must be suppressed. An experienced criminal defense attorney will be able to help provide guidance about how to file a motion to quash a warrant.

A motion to quash is the proper pleading to test the validity of a service of summons and complaint upon an entity that is not by its true or fictitious name made a party to an action.

A motion to quash is timely if made before the date specified in the subpoena for compliance. In considering a motion to quash, the trial court may hold a hearing and, as necessary, entertain any relevant testimony.

If a court or someone in authority quashes a decision or judgment, they officially reject it. The Appeal Court has quashed the convictions of all eleven people. Synonyms: annul, overturn, reverse, cancel More Synonyms of quash. transitive verb.

Under the Revised Rules, only the following grounds may be raised as grounds for a Motion to Dismiss: (a) lack of jurisdiction over the subject matter; (b) pendency of action between the same parties for the same cause; and (c) cause of action is barred by prior judgment or by the statute of limitations.

Filing deadlines: Motion: sixteen court days before the hearing date. Opposition: nine court days before the hearing date. Optional Reply: five court days before the hearing date.

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Santa Clara California Motion of Defendant to Quash Service of Process