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Quash

To set aside.

To set aside; to rescind; to vacate; to render null and void.

To quash a conviction means to set it aside as if it never existed.

A motion to quash seeks to rescind a previous decision or a document or decision.

If a subpoena is issued improperly, a motion might be presented to the Court to quash the subpoena.

A certiorari application may request of the Court that the lower tribunal's decision be quashed.


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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