Serna Motion Sample For Court

Category:
State:
Multi-State
Control #:
US-01900BG
Format:
Word; 
Rich Text
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Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Motions to dismiss are filed for a range of reasons, which may include: Statute of limitations expiration: The case does not fall within California's time limit for filing. Lack of subject matter jurisdiction: The court does not have the authority to hear this type of case.

A ?Serna motion? is a motion to dismiss a criminal case because you were denied your constitutional right to a speedy trial. A defense counsel brings the motion in open court when the D.A. or court fails to adhere to the timing requirements in Penal Code 1382.

A Serna motion address the right to a speedy trial and could result in the dismissal of the charges. A Serna motion is a pretrial motion to dismiss criminal charges because you were denied the constitutional right to a speedy prosecution or trial. Serna motions are commonly known as ?speedy trial motions.?

A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.

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Serna Motion Sample For Court