Colorado Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

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Multi-State
Control #:
US-02613BG
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Word; 
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Description

The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

An action may be dismissed prior to answer or motion for summary judgment. An action may be dismissed by notice, without court order, at any time before the adverse party files an answer or motion for summary judgment. Rule 41 - Dismissal of Actions, Colo. R. Civ. P. 41 - Casetext Casetext ? ... ? Chapter 5 - Trials Casetext ? ... ? Chapter 5 - Trials

Rule 41 - Search, Seizure, and Confession (a)Authority to Issue Warrant. A search warrant authorized by this Rule may be issued by any judge of a court of record. (b)Grounds for Issuance.

Rule 341 - Dismissal of Actions (a) (1) Subject to the provisions of these rules, an action may be dismissed by the plaintiff upon payment of costs without order of court (i) by filing notice of dismissal at any time before filing or service by the adverse party of an answer, whichever first occurs, or (ii) by filing a ... Rule 341 - Dismissal of Actions, Colo. R. Civ. P. 341 - Casetext casetext.com ? rule ? colorado-court-rules ? rule-... casetext.com ? rule ? colorado-court-rules ? rule-...

Rule 21 - Misjoinder and Nonjoinder of Parties. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Rule 21 - Misjoinder and Nonjoinder of Parties, Colo. R. Civ. P. 21 casetext.com ? rule ? chapter-3-parties ? rule-21-... casetext.com ? rule ? chapter-3-parties ? rule-21-...

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.

If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.

Rule requires that, unless subpoenaed witness and other parties consent to an alternate arrangement or by other court order, subpoenaed documents be produced only at the deposition, hearing, or trial specified in the subpoena. Rule 45 - Subpoena, Colo. R. Civ. P. 45 | Casetext Search + Citator casetext.com ? rule ? chapter-5-trials ? rule-45-su... casetext.com ? rule ? chapter-5-trials ? rule-45-su...

A case dismissed with prejudice is considered a final ruling on the merits of that case. A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.

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Colorado Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute