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Legal Definitions - Quash

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Definition of Quash

Definition: To set aside or void something, such as a motion or evidence.

Example: The defense attorney filed a motion to quash the subpoena for his client's medical records.

Illustrative caselaw: In Arizona v. Evans, the Supreme Court quashed the defendant's conviction because the evidence used against him was obtained through a clerical error.

Explanation: The term "quash" is often used in legal proceedings to refer to the act of setting aside or voiding something. In the example given, the defense attorney is attempting to quash the subpoena for his client's medical records, meaning he wants to have it declared invalid or nullified. The illustrative caselaw shows how the Supreme Court used the power to quash evidence that was obtained through a mistake, which resulted in the defendant's conviction being overturned.

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Simple Definition

Term: Quash

Definition: To cancel or reject something, like a request or evidence. For example, a judge might quash a motion or quash evidence if it is not allowed in court.

Illustrative caselaw: Arizona v. Evans, 514 US 1 (1995).

Category: Courts and Procedure

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A good lawyer knows the law; a great lawyer knows the judge.

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