Amotion to quashis a request to acourtor othertribunalto render a previous decision orproceedingnull 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. It can arise out of mistakes made by anylawyeror court officer. A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if anattorneybelieves that some court document such as asubpoenawas not issued or delivered following the required procedure. For example, a party that receives improperservice of processmay 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
edit- ^Scott Hatch, Lisa Zimmer Hatch,Paralegal Career For Dummies,John Wiley & Sons, (March 3, 2011).
- ^"Bringing and Responding to Motions in Civil and Family Appeals - 2.1 Motions heard by three judges".Court of Appeal for Ontario.April 2021.Archivedfrom the original on 14 April 2021.
External links
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The dictionary definition ofquashat Wiktionary
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