Skip to main content

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

La Puente, CA |

same question above

Attorney Answers 2

  1. Best answer

    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

  2. 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 services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics