How do you file a motion to quash?


Quick Answer

Individuals who want to file a motion to quash a subpoena must contact the court that issued the subpoena to acquire and fill out the correct legal forms. All courts have slightly different procedures for individuals who want to file a motion to quash.

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Full Answer

A subpoena is a request from a court to an individual to either appear in a court hearing, produce records or certain documents, or attend a deposition. It is possible to refuse a subpoena by filing a motion to quash it. It is illegal to ignore a subpoena, so if an individual is unable to perform the request then he or she must file a motion to quash.

  1. Determine if the reasons to file a motion to quash are legitimate.
  2. It is very common for motions to quash subpoenas to be denied. For this reason, individuals should first come up with concrete and persuasive reasons why they should not be ordered to follow the subpoena before attempting to quash it.

  3. Contact the court that ordered the subpoena.
  4. Individuals should contact the court to figure out which forms need to be filled out to file a motion to quash. All courts have different rules, and some may be straight forward enough to just fill out a form while others require many more steps.

  5. If necessary, seek legal help.
  6. If filing a motion to quash is too complicated, individuals should hire a lawyer to help them file the motion.

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