What is a motion to quash service of process in civil litigation?

A motion to quash service of process in civil litigation is a legal procedure which allows a defendant to ask the court to dismiss a lawsuit served on them. This procedure is generally performed when the defendant believes they were not properly served the legal papers in the lawsuit. The motion can also be used if there was an inadequate description of the lawsuit in the papers served. In California, a motion to quash service of process can be filed with the court in the county where the lawsuit was filed or in the county where the defendant was served. When filing a motion to quash service of process, the defendant has the burden of proof to show that service was improper. The defendant must provide evidence that they did not receive the papers in the lawsuit, or that the information in the papers was inadequate. The defendant may present argument, evidence, and legal authority to support their motion. The court will usually hold a hearing on the motion. The defendant must be present and the plaintiff may appear at the hearing if they choose. The court will determine if service was proper after considering factors such as whether the defendant was properly identified in the papers served and whether the venue was proper. If the court finds that service was improper, the defendant may be given additional time to answer the complaint and the service of process can be quashed.

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