Pleadings and Motions
Discovery Motions
A motion to quash challenges the validity of process or a subpoena. Quashing service leaves the action pending, requiring the plaintiff to serve properly, unlike dismissal which terminates the case.
Grounds depend on what is challenged.
Alternative Names:
Quash Motion, Motion to Quash Service
Why it Matters?
Quashing service rather than obtaining dismissal is the usual outcome of a service challenge, and it accomplishes little where limitations have not run since the plaintiff simply serves again. The challenge is worth making where the limitations period has expired and proper service can no longer be effected within the time permitted, which converts a procedural defect into a complete defense.
Frequently Confused with
Related terms
Frequently asked questions
Does quashing service dismiss the case?
When is a service challenge valuable?
