Legal Definitions - Motion To Quash

A Motion To Quash is a formal request made to a court asking it to invalidate, cancel, or set aside a legal document, action, or decision. Essentially, it's asking the court to declare something legally void or ineffective, often because it was improperly issued, served, or based on flawed grounds.

• Example 1: Challenging an Improper Subpoena

  Imagine a doctor receives a subpoena demanding patient medical records, but the subpoena doesn't follow the strict legal requirements for patient privacy or is overly broad in its request. The doctor's attorney could file a Motion To Quash the subpoena, asking the court to invalidate it and relieve the doctor of the obligation to produce the records, arguing that it was improperly issued or seeks privileged information.

• Example 2: Disputing Flawed Service of Process

  Suppose someone is sued, but they claim the official lawsuit papers (known as "service of process") were never properly delivered to them according to legal rules – perhaps they were left with an unauthorized person or at the wrong address. Their attorney could file a Motion To Quash the service of process, arguing that because they were not legally notified of the lawsuit, the court does not have proper jurisdiction over them to proceed with the case.

• Example 3: Invalidating a Defective Search Warrant

  In a criminal investigation, a search warrant is issued for a suspect's business. The suspect's lawyer later discovers that the police affidavit used to obtain the warrant contained significant factual errors or did not establish sufficient probable cause for a search. The lawyer could file a Motion To Quash the search warrant, seeking to have it declared invalid and any evidence obtained from the search excluded from being used in court.