Quashed

Quashed

Quashed is a term used in legal contexts to describe the action of nullifying, voiding, or declaring something invalid. This term is often applied to legal proceedings, decisions, or documents that are rendered ineffective or annulled by a higher authority or court.

Legal Context

In the legal system, a motion to quash is a request to a court to render a previous decision or proceeding null and void. This can occur in various scenarios, such as:

• Quashing a Subpoena: A subpoena can be quashed if it is deemed overly broad, oppressive, or irrelevant to the case at hand.
• Quashing an Indictment: An indictment can be quashed if it is found to be based on insufficient evidence or if there were procedural errors during the indictment process.
• Quashing a Conviction: A conviction can be quashed if new evidence emerges that proves the innocence of the convicted individual or if there were significant legal errors during the trial.

Procedure

The procedure for quashing a legal action typically involves filing a motion with the court that issued the original decision. The motion must outline the reasons why the decision should be quashed and provide supporting evidence or legal arguments. The court will then review the motion and decide whether to grant or deny the request.

Related Legal Terms

• Appeal: A request made to a higher court to review and change the outcome of a decision made by a lower court.
• Vacate: To set aside or annul a previous legal judgment or order.
• Dismissal: The act of terminating a legal case or claim without further consideration or hearing.

Related Pages

• Subpoena
• Indictment
• Conviction
• Appeal
• Vacate
• Dismissal