Legal Question in Family Law in Florida

Re: Motion to Quash Service

This is a broad question, thus this answer is a general one. Usually, we refer to a Motion to Quash in the area of subpoenaes. If the side sending the subpoena did not perform some prior conditions, set by law, the lawyer for the person subpoenaed can file this motion. You are asking the court to disallow the subpoena, render it unenforceable.

You mention "service". This usually refers to the initial serving of a summons. If there is a reason it was not performed properly, one may file this motion. Sometimes, it really doesn't benefit to file such a motion if the error is merely technical. The other side may simply reserve the summons or subpoens. So some use this to harass the other side. I submit this is unprofessional and petty.

This may also be needed when the person or items requested by the subpoena are of a confidential nature and one party may argue to the court that the person or items should not be alllowed to be subpoenaed.

There are some other matters where a Motion to quash may be used (such as against a motion from an opposing party).

'Hope this helps. Tom Rosenblum, Jacksonville.