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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 some court document such as a subpoena was not issued or delivered following the required procedure. For example, a party that receives improper service of process may file a motion to quash. [1]
If service is not waived (or a waiver is not requested) then personal service of process may be effected by any private person who is an adult, and who is neither a party to the action nor interested in the subject matter, provided such person swears out an affidavit testifying to the time and manner of service. Usually, process is served by ...
The trial court had sustained a motion to quash the summons in each case because the defendant was a foreign corporation and, as such, the Court did not have personal jurisdiction over it. Neither its corporate headquarters nor its principal place of business were in Ohio, and it had not applied for the required license to transact business in ...
Blakey denied defense attorneys’ motion to quash Acevedo’s subpoena Wednesday morning. Blakey pointed to the distinction between the credibility of the witness and competency to testify.
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Here are the notable grand jury indictments and court decisions for the week of Oct. 9, 2023.
An objection based on service that was made, but was made in a faulty manner, is called a motion to quash process, and can be filed in conjunction with a pleading responsive to the merits of the case. A defendant's objections to venue must state not only why the venue chosen is improper, but must also indicate where proper venue would lie ...
Attorneys representing a former Kimball Camp employee charged with second-degree criminal sexual conduct sought to quash the bindover to circuit court.
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