Whitaker writes:Ī winning motion to sever must attack the propriety of having lots of defendants in one lawsuit, again, not the merits of the case. With regard to a Motion to Sever, the objective is to separate the defendants, but again, not end the lawsuit. If you want to address the merits of the lawsuit, that’s what the litigation process is all about. But just telling the Court you didn’t do it is not proper grounds. In other words, informing the Court that they don’t have personal jurisdiction over you might be proper grounds for a motion to quash. He writes:Ī winning motion to quash must attack the sufficiency of the subpoena itself, not the merits of the lawsuit. When two joint defendants separate iu the action, each plead- ing separately his own plea and relying upon a separate defense, they are said to sever.ĭismiss: To send away to discharge to cause to be removed.Īccording to Whitaker, a motion to quash is employed to kill a subpoena – but it does not end the lawsuit. Quash: To overthrow to abate to annul to make void. To review, Black’s Law Dictionary provides the following definitions: Of course, you could just do nothing, but that’s not any fun. Actually there are several more options than that, but those are the most frequent, especially if you want to resist the subpoena. ![]() You can do any one or more of those, in any combination. John Whitaker, in his piece Motion to Quash Motion to Sever Motion to Dismiss: What’s the Difference? writes the following: Three common types of motions, motion to quash, motion to dismiss, and motion to sever, all appear to have the same goal – yet, which one will achieve your objective?
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