This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Jury Trial Form With Motion To Dismiss In North Carolina
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Multi-State
Control #:
US-000287
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Word;
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One should note that in both criminal and civil cases, the right to a jury trial is waivable in certain instances. This also differs depending on the jurisdiction. For instance, in a federal district court, defendants can ask to waive the jury, but the court and prosecutor must agree.
– Subject to the provisions of Rule 23(c) and of any statute of this State, an action or any claim therein may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before the plaintiff rests his case, or; (ii) by filing a stipulation of dismissal signed by all parties who ...
This right is also preserved in Article I, Section 16 of the State Constitution of California. However, there may be times when it's in your best interest to waive your right to a jury trial, whether in favor of a bench trial, where a judge decides your verdict or as part of a plea deal.
(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.
Jury Trial Waivers Unenforceable. § 22B‑10. Contract provisions waiving jury trial unenforceable. Any provision in a contract requiring a party to the contract to waive his right to a jury trial is unconscionable as a matter of law and the provision shall be unenforceable.
Article I, Section 16 of the State Constitution of California says, “A trial by jury is an inviolate right and shall be secured to all. A jury may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant's counsel."
Defendants may move to dismiss on the following grounds: Lack of subject matter jurisdiction (FRCP 12(b)(1)Opens in a new window). Lack of personal jurisdiction (FRCP 12(b)(2)Opens in a new window). Improper venue (FRCP 12(b)(3)Opens in a new window).
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
Drafting the Motion Check if the court has blank motion forms. Create your caption. Title your motion. Draft the introductory paragraph to the body of the motion. Request relief. Lay out the applicable facts. Make your legal argument. Insert a signature block.
A motion to dismiss requests the court to dismiss a case on the grounds that even if all the allegations are true, there is no legal basis for the lawsuit to proceed.