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 document that is filed by a defendant in response to a summons in a lawsuit. In Florida, it typically is used when the plaintiff has used improper means to serve the defendant with the summons and complaint. When a motion to quash is filed, the court must decide whether the service of process was valid or not. If the court finds that the service of process was done in an improper manner, they will “quash” the service, meaning that it is declared invalid and the process must be restarted with a valid service of process. One of the more common grounds for a motion to quash is when the defendant argues that they were not properly served with the summons and complaint. This means that the individual serving the papers must have followed the specific guidelines set forth in Florida law. When a motion to quash has been filed, the plaintiff must then prove that the process was served properly in order for the motion to be denied, otherwise the process will be quashed, and the service must begin fresh. Usually, if the motion to quash is granted, the plaintiff must begin the process anew, but the defendant will have a few extra days to submit their answer to the complaint.

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

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