Affidavit Motion Dismiss For Emergency Ex Parte Order

State:
Multi-State
Control #:
US-02161BG
Format:
Word; 
Rich Text
Instant download

Description

The Affidavit Motion Dismiss for Emergency Ex Parte Order is a legal document utilized in cases where a defendant seeks to dismiss charges based on procedural errors related to evidence, specifically concerning Breathalyzer tests. This form is essential for attorneys representing defendants in DUI cases, as it outlines the grounds for dismissal, such as failure to follow proper testing procedures and the potential destruction of exculpatory evidence. Key features include sections for detailing the facts of the case, specific procedural missteps, and implications of these errors on the defense. Users should fill in specific details such as dates, times, and police station names to ensure accuracy. Beyond attorneys, the form is also valuable for partners, owners, associates, paralegals, and legal assistants, as it equips them with a foundational understanding of procedural defense strategies. Clear filling instructions emphasize the importance of clarity and precision in legal documents, promoting effective communication in court. This form not only supports the defense’s argument but also highlights the responsibility of law enforcement in adhering to established protocols.
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  • Preview Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI
  • Preview Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

How to fill out Affidavit In Support Of Motion To Dismiss For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

An Ex Parte Application is used for one party to ask the Court for an order without providing the other party(ies) the usual amount of notice or opportunity to write an opposition.

Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Include a proposed order that states what you want the judge to do and the court to enforce.

An ex parte motion does not require a response from the opposing party for an order to be passed, and therefore, has a much smaller window of time before the order is passed for the respondent to respond to the motion. A regular motion requires the opposing party to respond to the motion before an order is passed.

An ex parte application must state the name, address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, and telephone number of the party if known to the applicant.

After the ex parte decree is set aside, the suit is again restored to file and parties are demoted to the position they held before the non-presence of the opposite party, and the court will take action with the suit de novo and determine on merits.

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Affidavit Motion Dismiss For Emergency Ex Parte Order