What is a motion to quash in civil law?

A motion to quash in civil law is a legal filing that allows a party to challenge the legal or factual basis for a lawsuit or a particular claim within the lawsuit. It is typically used to challenge a summons, subpoena, or other legal document issued in the course of the lawsuit. A motion to quash is a type of pre-trial procedural motion, meaning that it must be filed prior to a trial. In order to file a motion to quash in Pennsylvania civil law, the party must file an affidavit and/or other supporting evidence that permits the court to make a ruling on the motion. A successful motion to quash leads to the dismissal of the lawsuit or of the claim in question. The court can also deny the motion if the court finds that the lawsuit or claim has legal and/or factual support. In Pennsylvania civil law, the court will consider a motion to quash on its own merits. The court must find that the legal or factual basis for the motion is independent of the merits of the case, meaning that the court must make its ruling without taking into account the underlying merits of the case. Parties challenging a motion to quash must prove that the legal or factual basis for the motion is flawed, since the party who requested the motion to quash does not bear the burden of proving that the motion is valid.

Related FAQs

What is the doctrine of res ipsa loquitur in civil law?
What is a constructive eviction in civil law?
What is the doctrine of stare decisis in civil law?
What is a motion for a new trial in civil law?
What is an interpleader in civil law?
What is a demurrer in civil law?
What is a stipulation in civil law?
How does a person file a civil lawsuit?
What is the difference between a plaintiff and a defendant in civil law?
What is a waiver of service in civil law?

What is a motion to quash in civil law?

Related FAQs

Related Blog Posts