What is a motion to quash a subpoena?
Asked by: Gertrude Larkin | Last update: January 23, 2026Score: 4.5/5 (14 votes)
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 are the reasons for quashing a subpoena?
- Fails to allow a reasonable amount of time to comply.
- Requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regular transacts business in person.
What is the difference between a motion to quash and a motion to dismiss?
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 does it mean when a case is quashed?
Quash means to set aside or to void . In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial . Examples of the usage of quash include "to quash a motion" or "quash evidence."
How to win motion to quash?
If the proof of service document filed with the court is inaccurate, your motion to quash would argue that you were improperly served. If evidence is confidential, or was tampered with, you can file a motion to quash arguing that the judge should not allow that evidence to be admitted or used against you.
Motion to Quash Explained
What is the reason for motion to quash?
If a defendant thinks the other side did not have the Complaint and Summons properly served, they can file a motion to ask the judge to cancel (to quash) the service. This is called a motion to quash service of summons.
How do you get around a subpoena?
Quashing a subpoena includes filing an objection and citing legally valid reasons for avoiding the duty of appearing. An attorney can help you file an objection and evaluate your chances to avoid the subpoena.
How to quash a subpoena?
Any person to whom a subpoena is directed, or any party, may file a motion to quash or limit the subpoena. The motion must include reasons why compliance with the subpoena should not be required or the subpoena's scope should be limited. A party must file the motion with the judge and serve it on the other parties.
Is quashed the same as dismissed?
An order vacating service of summons and dismissing an action puts an end to litigation without a judicial investigation of the merits; and the effect of granting a motion to quash service is to declare the service void and not to dismiss the complaint.
How long does quash last?
The target of Quash will act last in that turn, ignoring priority, provided it has not yet acted. The effect of Quash is ignored by After You. If multiple Pokémon are affected by Quash, they move in the order they were affected by Quash.
Does quash mean innocent?
To quash is to reject, void, or declare invalid, typically referring to a judge's decision to annul an official decision or proceeding.
Does a motion to quash need a separate statement?
The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compel answers at a deposition; (5) To compel ...
What happens after a motion to quash a subpoena?
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.
Can a subpoena be dismissed?
There is a process by which a subpoena can be rejected by the court. Your attorney would have some motions to file on your behalf and the justification needs to be good. Don't even think about trying the pro se - you need an attorney. It all comes down to the prosecutor's discretion.
Does a subpoena mean you are in trouble?
A subpoena is a court order to come to court. If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the subpoena. subpoenas are used in both criminal and civil cases.
What does it mean when a subpoena is quashed?
Quash means to say that something is invalid. A Motion to Quash can be filed by either party in a case. It is commonly used to quash: Service of process. A subpoena.
What is an example of a motion to quash?
Plaintiff John Doe, by and through his undersigned counsel, requests this Honorable Court quash the subpoena served on ABC Investigative Solutions, LLC (ABC) because: The subpoena directs the Custodian of Records for ABC to produce the requested documents in two different locations: Washington and Lincoln, 2 N.
What does "quash" mean in legal terms?
quash. v. to annul or set aside. In law, a motion to quash asks the judge for an order setting aside or nullifying an action, such as "quashing" service of a summons when the wrong person was served.
What are valid reasons to quash a subpoena?
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
Is there a way to get out a subpoena?
Choosing to try and avoid a subpoena is not an easy process. The person will need to hire an attorney, pay attorney fees in most cases, and will need to prepare a motion. If the motion fails, or if there are other reasons that a party may need the person to testify, they may not be excused.
What is the burden of proof for a subpoena?
The burden of proof rests on the subpoenaing party to make a "clear and convincing showing" that the privilege does not apply.
What are valid reasons to get out of a subpoena?
- Did not receive or was not personally served with a subpoena;
- Medical emergency.
- Family emergency.
- Self-incrimination (5th amendment)
- Privilege.
How long do subpoenas last?
If it is a subpoena as distinguished from a case starting summons and complaint, a subpoena expires on its return date. But a summons is good for 90 days after the starting of the law suit and can be served alternatively to in hand service.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.