California Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify

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Multi-State
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US-02238BG
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Word; 
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Description

It has been held that a court of original general jurisdiction has plenary power (complete power) over its judgments during the term at which they were rendered, and that the court may modify a sentence during that term by reducing the punishment to be served. However, some authorities have held that when a valid judgment and sentence have been rendered, the court has no jurisdiction, after the sentence has been executed in whole or in part, to set it aside and impose a new sentence. A state statute may provide authority for the reduction of a sentence in compliance with the statute's terms.


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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  • Preview Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify
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FAQ

Motion to Quash (cancel) Service of Summons: This motion asks the court to say that the complaint was not served properly. Say why service was not right. Read Sections 413.10 ? 418.10 of the Code of Civil Procedure about service carefully so you can explain to the court why you were not served properly.

Petition to Modify a Sentence The motion might seek modifications including, for example, conditions of house arrest or parole, location of incarceration, changing the terms or timeframe for paying a fine, among other things. In response to the motion, the court may: Change the sentence. Postpone the sentence.

In particular, Rule 56(d) provides that a court may deny a summary judgment motion and permit the opposing party to conduct discovery where it appears that the opposing party, in the absence of such discovery, is unable to present facts essential to opposing the motion.

On a motion to quash, the burden is on the plaintiff to prove by a preponderance of the evidence that the service was valid and that the court has jurisdiction over the defendant. (Bolkiah v. Superior Court (1999) 74 Cal.

(e) A motion to quash pursuant to Government Code section 11450.30 shall be made in compliance with Article 1, section 551.19. The motion shall be made within a reasonable time after receipt of the subpoena. The person bringing the motion shall serve copies of the motion on all parties.

A defendant or cross-defendant may move under CCP §418.10 (to quash for lack of personal jurisdiction, to stay or dismiss on ground of inconvenient forum, or to dismiss for delay in prosecution) and simultaneously answer, demur, or move to strike the complaint or cross-complaint.

Instead, as California Civil Jury Instruction 200 explains: ?A party must persuade you [the jury], by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as ?the burden of proof.?

Motion for summary judgment: The court can consider all evidence in the record, even if the evidence was not cited in the pleadings.

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California Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify