Do You File a Motion to Quash?

A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that the issuance of some court document like a subpoena was not done in a legal manner. For example, a party that receives improper service of process may file a motion to quash.

When must a motion to quash be filed?

WHAT IS THE FORM REQUIRED FOR A MOTION TO QUASH? (i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.

What happens when motion to quash is granted?

– If the motion to quash is sustained, the court may order that another complaint or information be filed except as provided in section 6 of this rule. If the order is made, the accused, if in custody, shall not be discharged unless admitted to bail.

Maya Lin-Takahashi

Maya Lin-Takahashi

Consumer Tech & Gadget Reviewer

Maya is a hardware enthusiast who tests and reviews smart home devices, smartphones, wearables, and audio gear. She focuses on practical consumer value and build quality.