A motion to quash is essentially a request made by an individual to a court. The individual who makes a motion to quash asks a court to declare that some action taken by another party to a legal proceeding is invalid or void and of no legal force and effect.
An individual may file a motion to quash in court in response to receiving a subpoena which requires the individual to appear at a deposition, hearing or trial to give testimony. Or, it may be filed in response to receipt of a subpoena duces tecum, which requires a person to appear and bring specified documents with them to their appearance.
For example, in a personal injury lawsuit that involves a car accident, one of the parties might serve a subpoena on another driver who witnessed the accident but was otherwise not involved in it. The party would do this as part of their civil discovery when they try to identify all of the relevant evidence in the case.
They might serve the subpoena in order to compel the witness to appear at a deposition, so they can learn what the witness saw and knows about the accident. In this case, the motion to quash would be a pretrial motion.
Or they may serve the subpoena shortly before the trial in order to ensure that an important witness appears at the trial to testify before the jury.
A person may also file a motion to quash in response to receiving notice of their deposition, a warrant for their arrest in a criminal case or a summons and complaint in a civil lawsuit. The purpose of the motion of quash is to challenge the legal validity of the subpoena or other document at issue.
When a motion to quash is filed, the court holds a hearing at which the parties may present evidence and make their arguments for and against the motion. The court considers the evidence and arguments and then renders its decision either granting or denying the motion.
Who Can File a Motion To Quash in Florida?
A person who has received a subpoena or subpoena duces tecum may file a motion to quash. They would make this move if they believe that the subpoena does not meet the requirements for a valid subpoena. Or, the party who is served with a subpoena may believe that any testimony they have to offer is not legitimately necessary to the underlying legal proceeding to which the subpoena relates.
An individual may file a motion to quash when they have been served with a summons and complaint. The person served would be the defendant in the lawsuit initiated by the complaint. The defendant may believe that they are not subject to the court’s jurisdiction. A motion to quash is one way to raise this issue.
Additionally, parties to a lawsuit may file a motion to quash in response to receiving requests for discovery, e.g. requests to produce documents, that demand too much and are unreasonably burdensome. They would argue that compliance with the request would impose a hardship or that it demands the production of evidence that is not relevant to the lawsuit.
Professionals tell us that filing a motion to quash can also serve to promote settlement negotiations in a case. Challenging the actions of a party to lawsuit may lead the party to reassess their position in the case and the strengths and weaknesses of their case.
How Do I File a Motion To Quash Subpoena in Florida?
The first step is to determine whether a motion to quash is the appropriate legal move to make to challenge a party’s action. A Florida lawyer consultation would help a person understand what the document they have received requires them to do and whether they have a good reason to challenge it.
The lawyer knows the Florida rules of civil procedure which apply to all motions in civil lawsuits and other civil legal proceedings. The rules of civil procedure set forth the rules about filing motions, e.g. when they must be filed, how much time other parties to a case have to file their responses to the motion, the timeframe within which a hearing on the motion must be held and more.
If the individual who received the questionable document decides that they want to make a motion to quash, then the motion has to be prepared. There is a deadline for filing motions and the motion must be filed by the deadline, or the right to file it is lost.
The motion consists of a written document that states the relevant facts and the legal arguments based on those facts that compel the court to grant the motion. The legal arguments must be supported by citation of the appropriate legal authority that supports the arguments.
If the argument refers to certain facts, then proof of those facts must be offered as part of the motion. Usually, this would mean presenting copies of important documents, including the document at issue. It would also mean possibly providing affidavits, i.e. written statements made under penalty of perjury, with testimony of people who have critical knowledge of facts relevant to the case.
The motion must be filed with the court in which the case it relates to was filed. It must be filed before any deadline stated in the document being challenged. For example, if the motion to quash challenges a subpoena, it must be filed before the date on which the person is supposed to appear as specified in that document.
A copy of the motion must be provided to all the parties to the lawsuit to which it relates through standard methods of service. The court in which the motion is filed in all likelihood will hold a hearing of the motion at which the individual who filed it, or their Florida attorney, should appear. The attorneys for the other parties to the lawsuit would also attend to represent their positions.
What Do You Do if You Receive a Subpoena in Florida?
One safe move for an individual who has received a subpoena is to talk to a Florida lawyer. They would want to explain to their lawyer how they came to receive the document they have.
Of course, they would want to show the document to their lawyer. Their lawyer could then explain to them exactly what the document requires the individual to do. In addition to reviewing the document, their lawyer would want to know about the facts surrounding the situation that led to the individual’s receipt of it. This would allow the lawyer to say whether a motion to quash would be possible and the best next move.
With this information, the individual would be able to choose the best course of action for them.
Another option is to simply do what the document requires of them without challenging its validity. Talking to a Florida lawyer would help a person decide which option is best.
What If a Motion to Quash Is Not Granted in Florida?
If a motion to quash is denied by a court, then the individual who filed the motion has two options as follows:
- File an appeal of the motion to quash
- Acknowledge that the document they received is legally valid and do what the document requires the individual to do, e.g. attend a court hearing and provide testimony.
What Procedural Rules May Be Involved With a Motion To Quash in Florida?
The Florida rules of civil procedure sets out the rules regarding the timing of motions to quash and responding to them. It also governs subpoenas and how they should be prepared and served on a person if they are to be valid.
The rules of civil procedure may contain rules regarding subpoenas that have been violated and would be the basis for a successful motion to quash.
Do I Need a Florida Lawyer for Help With Procedural Rules?
If you were injured in an event because of someone else’s negligence, you want to talk to a Florida personal injury lawyer. Your lawyer can review the facts of your situation and advise you as to whether you want to start a civil lawsuit.
If you have received a subpoena or been served with a summons and complaint, you too want to talk to a Florida personal injury lawyer. You may be served with a subpoena even if you are not a party to a lawsuit, but you still want to consult an attorney about what the subpoena requires of you and whether you should challenge it.
It is always a good idea to get the advice of a lawyer if you have received a legal document of this type, so they can tell you what move is your best next step.
