Quash

Question: How do I respond to an opposition to motion to quash? I am the wife of a Father, who's ex is taking him back to court for more child support. My bank and job was served with subpoenas to produce my private financial info. I responded back with a motion to quash, now ex's attorney has done an opposition to motion to quash. Please tell me what I need to submit now to get this woman off my back.

Answer: Produce your current prenuptial agreement that states your assets and your husband's will remain separate, including salary, and all other income.

Question: What does a motion to quash discovery mean? What does a motion to quash discovery mean in a legal way.

Answer: a motion to stop certain items from being permitted to trial

Question: Where do courts get the power to quash secondary legislation? In the UK, they can quash secondary/delegated legislation, but where does this come from e.g. HRA/ECHR and if possible the section would be really handy!

Answer: The power goes back hundreds of years, when courts were given limited powers of the king. These powers included the ability to circumvent the law in an effort to find a fair verdict. This is still with us in common law, not only in the UK, but in all countries who follow the English common law (former colonies, such as the US included).

Question: Chandigarh High Court lawyer said email are not an authenticate proof to quash FIR of dowry? Chandigarh High Court lawyer said that email either they are photostate or on domain(means original) are not an authenticate proof to quash the FIR of Dowry case.Is it true ? Plz tell.

Answer: What all I can make out from your this question & last question, that you filled a criminal complaint against your Husband for dowry demand, cruelty etc in local Chandigarh court for which your husband moved the High Court in/from U.K. for quashing this dowry complaint, now firstly how come the U.K. High court has any jurisdiction to quash the F.I.R filed by you in India, that too will not so easy as one may think as section 482 of the Criminal Procedure Code no doubt which provides inherent powers to the High Court to quash any F.I.R if the facts & circumstances of the case so require. Rather the Supreme Court had passed very strict orders against free use of this inherent power by many High Courts to quash the F.I.R in Dowry demand/cruelty matters as usually both parties agree for the withdrawal of the criminal case under section 498A I.P.C & the Prohibition of Dowry Act, for that they move the State High Court with Criminal Miscl. Application under Section 482 of the Criminal Procedure Code for seeking the F.I.R quashed by the High Court thus bringing end to the whole matter. On this issue the Supreme Court has held that this power under section 482 Cr.P.C should only be used in specific cases where the quashing of F.I.R is actually required otherwise irreparable harm will be caused to the party, just to void any injustice the High Court can use this power to quash such F.I.R with regard to dowry demand/cruelty. Let the criminal complaint be completely heard & decided on merits by the concerned court, if there is no evidence with regard to dowry demand or cruelty, the criminal charges will fail & the accused get discharged/released, otherwise there are provisions for moving the higher court in Appeal against any conviction. Let the proper legal system be followed in these dowry cases too. So you see if your husband &/or you, now even decide to get this F.I.R quashed by the High Court of Punjab & Haryana in Chandigarh this may not be so easy for you to get it, as far your husband seeking & getting an Order of U.K. High Court has no Jurisdiction in this matter. As far conveying of any order/matter to the court by email etc is concerned it has been established law that all electronic messages/mails etc are admissible evidence in the court under the latest amended Evidence Act so to say that High Court of Punjab & Haryana will not admit any email for deciding any issue is wrong, but will the said High Court will be bound by any order of any foreign court is doubtful matter based on the well established principle of law. How will the application of your husband u/s482 Cr.P.C for quashing the F.I.R. will be allowed is also a matter of doubt based on the Supreme Court's decisions on application of this provision of the law as I have discussed above. However, unless your complete case file is studied I cannot further comment on this issue.

Question: Would I prepare a motion to set aside the judgment and a motion to quash service? If he was in prison and the judgment was rendered for the plaintiff, would I file a motion to set aside the judgment and a motion to quash service of summons? This is a Clermont County, Ohio case

Answer: Being in prison alone does not, without more, render service or a judgment void. Convicts are not civilly dead.

Question: tenants filed motion to quash and lied what can i do? tenants filed motion to quash by saying that me the manger served them with the sommons. Which is not true. they were served by a nabor.the tenants wrote on the motion that i the manger was the plantifff .in which i am know were to be named. my name is no were on the sumons, and i am not the owner to the property is there any motion or action the owner my friend the owner can file or should we just go to court.

Answer: "they were served by a nabor." You may want to check the law in your area. In many jurisdictions, a summons must be served by a licensed processed server, law enforcement officer, or officer of the court. A "civilian" in many areas cannot complete service of a summons, neighbor or no, even for Small Claims. (But in some areas, they can.) In any event, a motion to quash a summons means that they are asking to not have to appear. Your question is a little confusing, but it sounds like you (or the owner) has an appearance date. That date should be kept by you (or the owner,) regardless of what the tenants have filed, unless you have received specific instruction from the court to not appear. A motion to quash, if it has not been approved by the judge presiding, can be appealed. But you need to find out how to do that. Edited to add: So how, then, are you involved with this. If your name is nowhere on the paperwork, how did you become involved? Did the owner show you the paperwork, or the tenant defendant? Whoever filed the suit has an obligation to appear. Anyone else does not, unless named in or by the summons. (Though you may go if the owner or the tenant asked you to come. And you may almost certainly show up at the proceeding anyway as a spectator if you want to.) Now, if YOU have been summoned because they want to quash the motion on the grounds that you are the actual plaintiff, then you must respond. Otherwise, let the plaintiff named on the paperwork handle it. (Unless, as above, the owner has asked you as the manager to come and help respond to it.) It sounds to me like it is time you spoke to a lawyer in your jurisdiction about this. But, in any event, you can always call the court to confirm whether or not YOU have an obligation to appear.

Question: How do I file a Quash? What is the correct procedure for filing a quash in TX criminal court? Can I hand my quash to the prosecutor at my next appearance and then hand it to the clerk at the same time? Isn't there a signature I am supposed to obtain letting the court know I served the quash?

Answer: The fact that you call it a "quash" indicates you have little hope of doing this without a lawyer. Would you ask "how do I remove my appendix?" No. You'd go to a doctor. Same thing here.

Question: What are the conditions or remedies to quash a deportation order ? How can one stop a deportation order that is not yet enforced?

Answer: An attorney would have to bring some compelling evidence to court. It would almost have to be a procedural error on the part of ICE or something. Once an order is issued it is almost impossible to overturn it.

Question: How much did Katie Holmes get paid by Scientology to quash the Cruise gay rumors? Lisa Marie Presley cashed a big paycheck to play cover for Jacko, how much did Katie Holmes get?

Answer: not nearly enough

Question: I filed a motion to quash child support and my ex filed an opposition. Should I file against the opposition? I need to know this becouse the other party said I never paid any support until my wages were garnished but that is false. The things the other party said in it were really crude & all untruthful. As a matter of fact, my child is almost 19 & she continues to receive support. It will not stop until my employer receives an order to stop it. Anyone with this sort of knowledge, I sure would appreciate hearing feedback on this as we go to court soon & this is for the state of Nevada. ok so I just talked to a attorney today & was told to file a reply to the opposition that the other party filed against my motion right away & have the other party served with copys of all proof that I paid before my wages were garnished. I was always under the impression that I was responsible to pay child support when we had the child support court date which was a year before my wages were garnished. please anyone that knows real well about this kind of legal matter, I sure would like your imput ASAP & if anyone could give me the correct name of these papers thaht I need to file (reply) towards the opposition sure would help alot! Thankyou so much

Answer: ►▬◄ If you were paying directly, ans without an order, that's considered a gift and not child support. You could have been nailed for retroactive support, which would have happened if you were the father. So feel lucky you're a woman and thus not obligated in the same manner as men.

Question: How do I defend a Motion to Quash. The defendants filed this motion. What would you file to respond to this? I won a small claims lawsuit and the defendants failed to pay so I filed a Motion to Garnish. This is in response to my motion. No there time to appeal had expired. They only had 10 days. And the defendants attorney only filed this after he said I mail you the check. Or the check is in the mail. Now sign the satisfaction of judgement. I only then filed the the garnishment. He has plenty of money.

Answer: No one can help you without knowing all the facts and reviewing all the pleadings including your motion and the defendant's motion to quash. They may have filed their motion on procedural grounds so you need to be sure you followed all the rules when you brought your motion. Did you file before their appeal period lapsed for instance? If you have followed the procedure properly, then they may have filed on substantive grounds. If you move to garnish wages, are they working? Is their income sufficient to satisfy the judgment without forcing them onto public assistance? Are they disabled or indigent? It would be a good idea to run this by a lawyer so you don't mess up.

Question: Do I need a lawyer to file a motion to quash or vacate a subpoena? I need to file this motion by Nov. 24. Must this be done by a lawyer? How much will this cost?

Answer: You'll need a lawyer. Such a motion is unlikely to succeed even WITH a lawyer, it's unlikely you could prepare it alone and get anywhere.

Question: how long i have to take fruit quash or other medication to remove body weackness from body? i been suffered form depression for about 5 years it increased lots of weakness in my body. though my depression has been cured.i hard work for 2 years during depression.

Answer: dear friend you can have good multivitamins but for short period only take following ingradients daily...like medication: seasonal fruits dry fruits milk products seasonal vegitables half cooked... good music or wath your favourite tv show do regular excercise...sometime your mind will discourage you..dono listen to it... remember GOD thank him for all HE has given best of luck

Question: Will I be arrested if I go to city court to quash a restraining order if I violated one in the last 24hrs? I also have 3 missed court dates and 1 unpaid ticket. Will any of this play into factor for possibly going to jail if I go see a judge to quash the restraining order/order of protection against my sons father? I went into his work last night even though that's violating the papers, and was there literally less than a minute because he asked me to leave. Inevitable the cops were called and said they were going to arrest me if I was found. I didn't get picked up last night but what happens now?

Answer: I'd say your chances are good!!

Question: If a motion to quash has been filed, which is most likey true? A. The patient has signed an authorization for release. B. Medical records have been subpoenaed. C. A malpractice suit has been filed. D. A breach of confidentiality has occured.

Answer: None of the above, a motion to quash is a motion before a court to quash an invalid warrant.

Question: How to quash subpeona in california? I'm a doctor, radiologist,in the ER dept., and cannot find sufficient coverage in time for witness testimony as requested in subpeona. They have my radiology reports already. I have nothing new to add to the reports.I cannot leave the hospital w/o coverage.

Answer: The only way to quash a deposition subpoena in California is to file a motion to quash pursuant to CCP § 1987.1. 1987.1 provides in pertinent part "When a subpoena requires the attendance of a witness or the production of books, documents or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by the party, the witness, or any consumer described in Section 1985.3, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon such terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the parties, the witness, or the consumer from unreasonable or oppressive demands including unreasonable violations of a witness’s or consumer's right of privacy." It sounds to me like you're short on time in which case you can file the motion after filing an ex parte application to have the matter heard on shortened time. This is a somewhat complicated process for a layperson but a matter of course for a lawyer. Find one. Get him/her to file the necessary motions on your behalf. Another option, already suggested, is to contact that attorney who seeks your deposition and ask to reschedule while you try to obtain counsel through your insurance carrier. Any reasonable attorney will make necessary accommodations to you. Finally, the last option, after you've spoken with the deposing attorney, is to not show up. This is dangerous as it could open you up to sanctions. However, if you document your conversations with the deposing attorney and can show the court that s/he refused to make reasonable scheduling concessions, then the court is less likely to sanction you for not appearing. Please keep in mind that this response is for informational purposes only. I highly suggest you speak with your own attorney (or the hospital's attorney) so that you can properly decide what to do.

Question: If a motion to quash has been filed, which of the following is most likely to be true? A. The patient has signed an authorization for release. B. Medical records have been subpoenaed. C. A malpractice suit has been filed. D. A breach of confidentiality has occurred.

Answer: B.

Question: Is there a cheap way to quash a warrent in clark county (las vegas) NV? I have a warrent from a soliciting charge in 2005. I need a cheap way to take care of it. Anyone know a good criminal defense lawyer?

Answer: you can go down to the justice court's clerks office. they will put you back on calander and not arrest you. you may have to pay 50 bucks.

Question: Are there any other valid reasons to quash a subpoena other than self incrimination? Get out Natasha, I always thought pleading the 5th was a valid reason to quash a subpoena if your testimony could potentially incriminate yourself. Before you dispel peoples thoughts how about you actually have a clue what you're talking about.

Answer: How about a wife testifying against her husband. That would be grounds to quash a subpoena. Or how about the person being a juvinile? There could be various reasons to quash a subpoena if its a juvinile. How about being mentally insane. Im sure that could be a reason, if they are certifiably insane.

Question: Where do I get a form to file a motion to quash in CA? I've found other forms but not one for this in particular. Or do I just need to write a memo to the plaintiff's atty and the court? Do I need to write a separate declaration? I am currently outside of California, do I need to include the "I swear under the rules of California" part? My basis for the lack of personal jurisdiction is that I was not living at the address where the summons was served, and in fact, am living out of the country. Do I have to show evidence of that fact in my motion document or just state it?

Answer: That's a pleading, there isn't a judicial council form for a motion to quash. You generally need to call the court before filing it (as in, call the clerk for the judge assigned to your case) and get a court date. Make sure you serve it to the other side and include a proof of service when you file it. Here's what it looks like, though: Notice of Motion to Quash Service of Summons for Lack of Personal Jurisdiction. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ___________________ ______________________ [name] Plaintiff, vs. ______________________ [name] Defendant. ) Case No. ___________________ NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS Date: ___________________ Time: ___________________ Location: ___________________ Judge: ___________________ Date Action Filed: ___________________ [Trial Date: ___________________] To ___________________[name], plaintiff, and to ___________________[name], his/her attorney of record: NOTICE IS GIVEN that defendant ___________________[name] appears specially to make this motion only and, so specially appearing, does and will, on ___________________[date], at ___________________[time], or as soon thereafter as the matter may be heard, in [___________________ (Department or Division) ___________________ of] this court, located at ___________________[street address], ___________________[city], move for an order quashing the service of summons on this defendant [and staying or dismissing the action]. The motion will be made on the ground(s) that the court lacks jurisdiction over the person of this defendant [and that California is an inconvenient forum and this action, in the interest of substantial justice, should be heard in a forum outside this state]. The motion will be based on this notice of motion, on the declaration(s) of ___________________[name(s)], and the supporting memorandum served and filed with this notice of motion, on the records and file in this action, and on such evidence as may be presented at the hearing of the motion. Date: ___________________. ______________________ [firm name] ______________________ [signature] ______________________ [typed name] Attorney for Defendant ______________________ [name]