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 filing made by a defendant in a lawsuit. It is typically filed when the defendant has been served with a summons and complaint, but the defendant believes the lawsuit should not proceed. The motion to quash must be filed with the court in which the lawsuit is being heard. The motion generally states why the defendant believes the service of process was improper and should be quashed, or set aside. To support this argument, the defendant will typically provide evidence, such as an error in the service procedure or a lack of proof that the defendant was properly served with the documents. If the court grants the motion to quash, the lawsuit is stopped in its tracks and the plaintiff must attempt to properly serve the defendant with the documents. This can be a lengthy process, and the defendant should remember that granting this motion is not a guarantee that the lawsuit will go away forever. The plaintiff may still be able to properly serve the defendant at a later date, and the lawsuit can then proceed. In Washington, the court must evaluate the motion to quash based on the evidence presented. A defendant making this motion should, therefore, be sure to include all relevant evidence as to why the service of process should be quashed.
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