A quash petition is a legal request to a court or other tribunal to nullify or invalidate a previous decision or proceeding. The term "quash" is used in different legal contexts, and the specific usage of a quash petition depends on the rules of the particular court or tribunal. Here are some examples of quash petitions:
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Motion to quash: A motion to quash is a request to a court or tribunal to render a previous decision or proceeding null or invalid. It can arise out of mistakes made by any lawyer or court officer. A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that some court document such as a subpoena was not issued or delivered following the required procedure. For example, a party that receives improper service of process may file a motion to quash.
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Petition to quash service: A petition to quash service is a request to the court to declare that a party was not properly served notice of a court case. When starting a new court case, the person starting the case must deliver the opposing party notice of the lawsuit. A motion to quash service specifically states that a party to a court case was NOT properly served notice of the court case. The motion must be signed by a public notary. A motion to quash service challenges the entire basis for a lawsuit and is especially useful for those who were unaware there was a lawsuit against them because they were never served notice of the case.
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Petition to quash FIR: A petition to quash FIR is a legal option open to a defendant in an FIR (First Information Report). An FIR is a complaint or report made to the police that starts the criminal justice process. A petition to quash FIR is a request to contest the legality of the FIR or request its cancellation. An FIR can be quashed to make it null and void, which can result in the case being dismissed and no further legal action being taken against the accused.
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Motion to quash court order: A motion to quash court order is a request to the court to end enforcement of a court order or declare the order invalid. Sometimes parties desire to quash an injunction, subpoena, guilty plea, garnishment, or order for mandatory income withholding that has been filed against the person. A motion to quash must be filed with the court and served on another party.
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Petition to quash subpoena or CID: During an investigation, the FTC may send a subpoena or a Civil Investigative Demand (CID) to a company or individual. This CID requires them to produce documents. A petition to quash subpoena or CID is a request to the court to throw out or modify a subpoena or CID. Recipients who have asked the agency to quash or modify a subpoena or CID can find information about it in the Legal Library.
In summary, a quash petition is a legal request to nullify or invalidate a previous decision or proceeding. The specific usage of a quash petition depends on the rules of the particular court or tribunal.