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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]
Blakey denied defense attorneys’ motion to quash Acevedo’s subpoena Wednesday morning. Blakey pointe Government to rest as focus turns to AT&T, ex-state rep. at Madigan corruption trial
Doe 6 filed a motion to quash the subpoena, "contending that he had a First Amendment right to speak anonymously on the Internet." While the court declined to adopt more stringent unmasking standards used by other courts, the Appellate Court nonetheless held that the language of Doe 6's posts were not actionable defamatory statements because ...
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
Attorneys representing a former Kimball Camp employee charged with second-degree criminal sexual conduct sought to quash the bindover to circuit court.
Here are the notable grand jury indictments and court decisions for the week of Oct. 9, 2023.
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 ...
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 ...
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