Alabama Motion for Permission to Proceed Ex Parte on Applications for Funds
Description
How to fill out Motion For Permission To Proceed Ex Parte On Applications For Funds?
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FAQ
If the defendant files a motion to dismiss, you will have 21 days from the date of service to respond. In the response, you may explain to the Judge why you believe the action should not be dismissed. The defendant will then be permitted to file a reply within 14 days of the date of service of the response.
A preliminary hearing is a probable cause hearing. There is no jury, just the judge who decides if there is enough evidence to bind the case over to wait for the grand jury's action. The defense normally uses this to discover what evidence the state has against the defendant.
If the grand jury finds probable cause to exist, then it will return a written statement of the charges called an "indictment." After that, the accused will go to trial. The grand jury normally hears only that evidence presented by an attorney for the government which tends to show the commission of a crime.
(1) A motion to dismiss the indictment may be based upon objections to the venire, the lack of legal qualifications of an individual grand juror, the legal insufficiency of the indictment, or the failure of the indictment to charge an offense.
(a) NOTICE OF APPEARANCE. Before or at a first appearance in any court on behalf of a defendant, an attorney, whether privately retained or appointed by the court, shall file a notice of appearance or, in lieu thereof, the court shall note of record the attorney's appearance.
A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial.
A Motion to Exclude Evidence, or Motion to Suppress, is a request made by a defendant for the court to exclude certain evidence from a trial.
