How to File a Motion to Quash

By Alex Lubyansky
File a motion to quash to avoid having to comply with a subpoena.

Stockbyte/Stockbyte/Getty Images

If you have recently received a subpoena, you can draft a motion to quash; if the motion is granted, you will not have to comply with the subpoena. You can easily file the motion to quash in your jurisdiction.

Review your motion to quash. Make sure you used the proper caption and entered all information in correctly. You may want to have an attorney review the motion before you file it.

You can find a sample motion to quash online (See resources). Start with the caption, which includes the name of the plaintiff, the name of the defendant and the case number. Below the caption, start your motion with "NOW COMES" and write your name. Continue with your request. For example, "hereby moves to quash a subpoena." Next, in a series of itemized numbers, state your grounds to quash. Essentially, give a timeline of when you received the subpoena and proceed to give your argument for why you should not be required to comply with the subpoena. Complete the motion with a "WHEREFORE, (your name) respectfully requests that this court enter an order quashing the subpoena." Add a signature line and your contact information.

Make copies of the motion. You will want to keep one for your records.

Go to your local courthouse. Go to the proper location for the clerk of the court in which you need to file your motion. Walk up to the time-stamp machine. Place your original copy in the machine. Next, place your copy into the time-stamp machine.

Leave the original motion to quash in the filing box. Take the copy of the motion home with you. You have successfully filed your motion to quash.

About the Author

Alex Lubyansky has been a writer since 2007. He was a research assistant for the legal publication "Feminist Jurisprudence: Volume IV" and has been published in the Education and Employment Tips section of a prominent website. He holds a bachelor's degree in English from the University of Michigan in Ann Arbor and is currently a law student at DePaul University.

Cite this Article A tool to create a citation to reference this article Cite this Article