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Motion to quash

From Wikipedia, the free encyclopedia
Request to invalidate a court decision or proceeding
"Quashed" redirects here. For the racehorse, seeQuashed (racehorse).
"Quash" redirects here. For people called Quash, seeQuash (name).

Amotion to quash is a request to acourt or othertribunal to render a previous decision orproceeding null or invalid. The exact usage of motions to quash depends 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. It can arise out of mistakes made by anylawyer or court officer. A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if anattorney believes that some court document such as asubpoena was not issued or delivered following the required procedure. For example, a party that receives improperservice of process may file a motion to quash.[1]

In the context of a court hearing anappeal, depending on the rules of the court, a motion to quash the appeal may be made on the basis that the court has no jurisdiction.[2]

References

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  1. ^Scott Hatch, Lisa Zimmer Hatch,Paralegal Career For Dummies, John Wiley & Sons, (March 3, 2011).
  2. ^"Bringing and Responding to Motions in Civil and Family Appeals - 2.1 Motions heard by three judges".Court of Appeal for Ontario. April 2021.Archived from the original on 14 April 2021.

External links

[edit]
  • The dictionary definition ofquash at Wiktionary


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