A motion to quash involves asking the court to court to make an earlier decision null or void. The previous decision may have been made by the same court or by a lower court. The underlying support for making such a request may rest on the discovery of a mistake or illegal proceeding such as improper service.
Blacks Law Dictionary defines “Quash” as “To overthrow; to abate; to annul; to make void.” http://thelawdictionary.org/quash/#ixzz2u04xqBWx
Motions to quash may be implemented in a variety of ways yet it is always best to proceed with caution. Attorney Jeffrey Antonelli writes the following in his blog: “We want to make sure our clients understand when motions to quash are worthwhile, and when they are not, for their particular circumstances.” Antonelli writes that motions to quash may be a good choice for some clients but not others. He writes, “Motions to quash can also do other things that are important. For example, they can inform the court of defects it was not previously aware of in the plaintiff’s complaint or background. You may catch a lucky break and if the plaintiff’s case crumbles at this stage then you’ve ‘won.’ Yet, even then the plaintiff’s response may be to file a similar case in another jurisdiction and repeat the process. Now you are paying legal fees for two motions to quash, and even if you ‘win’ the motion you may still be sued!”
It is also key to be aware that judges often deny motions to quash. Just ask 19-year-old League of Legends player Justin Carter, who caused a media frenzy when he made an extremely offensive threat in a Facebook comment that landed him in prison. (The comment was intercepted as a terrorist threat.) http://kotaku.com/accused-league-players-motion-to-quash-denied-case-w-1488919874
As with any motion, solid knowledge and access to local rules within your jurisdiction is essential. For more information about filing a motion to quash visit smartrules.com.