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Click ‘Get Form’ to open the motion to quash subpoena in the editor.
Begin by entering the court name and county at the top of the form. This identifies where your motion is being filed.
Fill in the names of the plaintiff and defendant, ensuring accuracy as this information is crucial for your case.
In the section for 'Motion to Quash Writ of Garnishment', clearly state your reasons for quashing. Be specific about any judgments that have been satisfied prior to the writ issuance.
Complete the 'Notice of Motion' section by providing the date and time for your hearing, along with courtroom details. This informs all parties involved when they should appear.
Finally, fill out the 'Certificate of Service' section, listing all attorneys who will receive a copy of this motion. Ensure you include their correct addresses.

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What does it mean to quash a subpoena?

In law, a motion to quash is a formal request made to a court to declare a specific proceeding , such as a subpoena , an arrest warrant , or a legal complaint , as invalid or void . The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question.

What is the difference between dismiss and quash?

A motion to quash is most commonly filed at the beginning of a trial, or an appeal as a pretrial motion. It may be considered as somewhat similar to a motion to dismiss. However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing.

What is the reason for motion to quash?

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.

What does it mean when a subpoena is quashed?

Instead, it is a motion that can be filed if the person or entity being subpoenaed objects to the request for information and/or the presence of a witness in court or at a deposition. If the subpoena is quashed, that means the judge can render it void, or possibly limit it to make it more reasonable.

How do you write a motion to quash a subpoena?

A motion to quash typically is only two or three paragraph long. Start with a paragraph that briefly summarizes the basic facts of the case and identifies the subject of your motion. Then tell the judge exactly what you want them to do and why. A motion is persuasive writing.