Marsden Motion Template With Formulas

State:
Multi-State
Control #:
US-02070BG
Format:
Word; 
Rich Text
Instant download

Description

A Marsden motion gets its name from the case of People v. Marsden 2 Cal.3d 118 (1970). It is a request to the court by a criminal defendant to discharge their lawyer on the basis of being incompetently or inadequately represented by counsel. A defendant seeking to discharge his appointed counsel and substitute another attorney must establish either (1) that appointed counsel is not providing adequate representation, or (2) that he and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result.


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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How to fill out Motion To Have New Counsel Appointed - Marsden Motion?

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FAQ

A Marsden Motion is a request by a criminal defendant to fire his or her appointed public defender and acquire new representation. The defendant must show that the appointed attorney is not providing adequate representation, or the attorney has a conflict with the defendant.

File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.

What is the deadline to file a Motion to Reconsider in Illinois? 735 ILCS 5/2-1203 provides that in cases decided by a judge, as opposed to a jury, the parties have 30 days after the entry of a judgment to file a motion for rehearing, retrial, modification of the judgment, or to vacate the judgment.

You may file a motion to reconsider within thirty days after the court enters an order. You cannot file a motion to reconsider simply because you do not like the outcome. It is not enough that you want the court to change its opinion. Rather, Illinois law limits motions to reconsider to a few distinct situations.

A defendant can make a Marsden motion by an oral motion before the trial judge; although a formal motion is not required, the defendant must clearly indicate that he/she wants a substitution of attorney. DO I QUALIFY TO MAKE A MARSDEN MOTION? You must currently have a court appointed attorney to qualify.

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Marsden Motion Template With Formulas