District of Columbia Motion to Quash Indictment

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State:
Multi-State
Control #:
US-00816
Format:
Word; 
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Description

Defendant moves the court to quash the indictment against him/her. Defendant argues that the indictment fails to supply required information, and the indictment is also vague and ambiguous and does not apprise the defendant of the charge against him/her with sufficient specificity to permit adequate preparation of a defense.
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FAQ

FRCP 45(c) of the Federal Rules of Civil Procedure (FRCP) provides that a trial court can issue a subpoena to require a witness to attend a trial within 100 miles of where the person lives or works.

Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for one day's attendance and the mileage allowed by law.

FRCP Rule 45: Subpoena Further, subpoenas must command each person who receives one to attend and testify, permit the inspection of a particular premises, or produce designated documents, electronically stored information (ESI), or tangible objects.

Follow Federal Rules of Civil Procedure Rule 45(b). Pursuant to Rule 45(d)(2)(B), the party has 14 days to respond after service of the subpoena, or the party must respond before the time specified for compliance in the subpoena if it is less than 14 days.

Under current Rule 35(b), if the government believes that a sentenced defendant has provided substantial assistance in investigating or prosecuting another person, it may move the court to reduce the original sentence; ordinarily, the motion must be filed within one year of sentencing.

Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for one day's attendance and the mileage allowed by law.

Subpenas [Subpoenas] (a) The Superior Court may compel the attendance of witnesses by attachment. At the request of any party, subpenas [subpoenas] for attendance at a hearing or trial in the Superior Court shall be issued by the clerk of court.

February 28, 2023 | John L. Federal Rule of Criminal Procedure 35 permits the correction or reduction of federal criminal sentences under certain circumstances. Sentences may be corrected based upon arithmetical, technical, or other clear errors within fourteen days of imposition.

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District of Columbia Motion to Quash Indictment