Motion Circuit Court For Montgomery County
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How to fill out Motion To Remedy Prosecutorial Abuse?
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FAQ
(1) File a motion in the District Court where the case was (Use form DC-002) You can file this motion in writing within ten (10) days after the date of the judgment. You must state in writing all of the reasons that you believe that the District Court judge made the wrong decision.
Filing a motion will automatically trigger the setting of a 14-day deadline for filing a response. See Local Rule 105.2.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...
The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...