What is an Opposition To A Motion To Quash?
An opposition to a motion to quash requests that the court refuse to invalidate the document or act at issue. The opposition must prove that the service of the document in question, usually a summons and complaint, warrant or subpoena, was lawful and in compliance with any applicable court rules. A motion to quash often argues lack of jurisdiction, wrong identification of a person, or unlawful basis. Opposition papers are usually supported by a statement of facts, a legal brief or memorandum with citations to legal authority, and if necessary, exhibits, declarations, and affidavits.