Arizona Motion to Dismiss Counts of Indictment

Category:

Criminal - Dismissals

State:

Multi-State

Control #:

US-02616BG

Format:

Instant download

Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:

" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;

" When more than one offense is charged in a single count;

" When it does not describe a public offense;

" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;

" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and

" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.

The above is not an exhaustive list.

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How to fill out Motion To Dismiss Counts Of Indictment?

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FAQ

This rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under Rule 41(a)(1)(A)(i) must be made: (1) before a responsive pleading is served; or (2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.

A defendant may challenge a grand jury proceeding only by filing a motion for a new finding of probable cause alleging that the defendant was denied a substantial procedural right or that an insufficient number of qualified grand jurors concurred in the indictment.

Voluntary and Involuntary Case Dismissals Most commonly, a defendant will file a motion to dismiss if they believe there is a lack of evidence, improper jurisdiction, a breach of the statute of limitations or if they believe the other party is not complying with a court order.

A motion to vacate must be filed within a reasonable time. For reasons (1) and (2), the motion must be filed no more than 6 months after the entry of the judgment or the date of the proceeding, whichever is later. The moving party must deliver a copy of the motion to the other party on the date of filing.

When a plaintiff files a motion to dismiss, court personnel must verify the plaintiff's identity. (c) Personal Interview. The judicial officer must personally interview the plaintiff and make sufficient inquiry of the plaintiff to determine that the plaintiff is not making the request under duress or coercion.

Rule 4.1 - Service of Process Within Arizona (a)Territorial Limits of Effective Service. All process-including a summons-may be served anywhere within Arizona. (b)Serving a Summons and Complaint or Other Pleading. The summons and the pleading being served must be served together within the time allowed under Rule 4(i).

Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.

Arizona Motion to Dismiss Counts of Indictment

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Arizona Motion to Dismiss Counts of Indictment

Description

Related forms

Viewed forms

How to fill out Motion To Dismiss Counts Of Indictment?

Form popularity

FAQ

What is the Rule 41 A in Arizona?

What is the Rule 12.9 in Arizona?

How do I get a case dismissed in Arizona?

How do I vacate a Judgement in AZ?

What is the Arizona rule for motion to dismiss?

What is the Rule 41 service of process within Arizona?

What does dismissed per Rule 41 A mean?

What is a motion to dismiss a criminal case in Arizona?

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