Motions to Quash
It can be very stressful for an individual or a business to be involved in a lawsuit. As the case is initiated and evolves, the court makes various decisions regarding the lawsuit, such as regarding motions or process of service. There may be times, however, when a party to the action can move for a motion to quash.
What is a Motion to Quash?
A motion to quash is when a person or organization requests a court to make a previous court decision null and void. The motion to quash can be for a ruling from that same court or from a lower court. In addition, a motion to quash could be filed if an attorney representing one of the parties made a mistake in a court proceeding. Furthermore, if a lawyer believes that the court made some sort of error, such as ruling on a specific matter, then an attorney can request for a motion to quash.
Examples
There are several instances in which a lawyer may file a motion to quash. For example, an attorney may file a motion to quash service of process on one of the named defendants if the lawyer believes that the defendant was served improperly, such as not receiving the service of process within the appropriate time frame. It is also possible that the defendant may not have been served at all. In these instances, the lawyer may file a motion to quash and state that the named defendant did not receive the complaint in an appropriate manner and should not be included as a party to the action.
Another example of a motion to quash is when an attorney believes that a court document was not issued in a legal manner. This could arise when a court issues a subpoena requiring an individual to appear and testify and/or produce evidence regarding a certain case. Sometimes, however, the subpoena may not be served correctly on a person or corporation. When this situation arises, the lawyer will file a motion to quash and argue that the subpoena is void and not applicable since the person or company did not receive the request in an appropriate manner.
Ruling
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. If the motion to quash is not granted, however, then the lawsuit will proceed as if the motion had not been filed. In addition, any decisions made by a lower court would be upheld.
Conclusion
If an individual or company feels that there has been an error and a motion to compel needs to be filed, it is a good idea to speak with a lawyer before taking any action. An attorney would be able to evaluate the situation and determine what the options are for the client. A lawyer can also determine if a basis even exists for a motion to quash. Furthermore, a lawyer can explain how a motion to quash would work and what could possibly happen on the motion as well as any consequences that may arise.