If a judge "strikes" a motion to "quash", based on a filing error, can I still file the same motion in 5 days?

Asked about 1 year ago - La Puente, CA

same question above

Attorney answers (2)

  1. Herb Fox

    Contributor Level 16


    Lawyer agrees


    Answered . What to you mean by a "filing" error? And why would you only have 5 days to refile? It is because your 30 day deadline from service of the summons is coming due?
    Putting those questions aside, if the motion was stricken for a true "filing error" - and I am gueesing that you mean some kind of technical error and that it was not stricken for its merit - there should be no impediment to refiling it as long as you correct that error (of course). If you want any more specific advice you should consult with an attorney.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  2. Robert Jason De Groot


    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . You might be able to file an amended motion, but this time you have to have the husband show up for the hearing.

    R. Jason de Groot, Esq., 386-337-8239

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