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A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null 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.
Such a motion can not be joined with any other motion. 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 ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Here are the notable grand jury indictments and court decisions for the week of Oct. 9, 2023.
Attorneys representing a former Kimball Camp employee charged with second-degree criminal sexual conduct sought to quash the bindover to circuit court.
Judge John Robert Blakey denied defense attorneys’ motion to quash Acevedo’s subpoena Wednesday morning. Blakey said the court considered the entire record and pointed to the distinction ...
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.
Then, on a motion to reconsider, citing Pennoyer v. Neff (1877), the Superior Court reversed and denied Dennis's request to quash service. Dennis then petitioned for a writ of mandate from the California Court of Appeal for the First Appellate District , which denied relief, as did the California Supreme Court .
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