What is the burden on a motion to quash?

California, United States of America


The following excerpt is from People v. Cowans, 168 Cal.Rptr. 498 (Cal. App. 1980):

On the motion to quash, the burden shifts to the moving party to show an abuse of the trial court's discretion. (Pitchess v. Superior Court (1974),11 Cal.3d 531, 113 Cal.Rptr. 897, 522 P.2d 305.)

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