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Letter M
civil procedure

Motion to Quash

A request to invalidate a subpoena, typically under Rule 45(d), on grounds such as undue burden, privilege, or geographical limits.

Encyclopedia entry: Motion to Quash

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motion to quash

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. When a motion to quash is filed, the court will review the arguments and evidence presented by the party filing the motion, as well as any opposing arguments. The court will then decide as to whether the motion is granted or denied.

  • If the motion is granted, it means that the document or proceeding in question is declared invalid or void.
  • If the motion is denied, the document or proceeding remains in effect, and the case or legal process will continue.

[Last reviewed in July of 2023 by the Wex Definitions Team
]

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.