District of Columbia 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

Hear this out loud PauseFederal Rule of Civil Procedure 26 requires all parties that have appeared in the case to hold a ?conference of the parties? to discuss and initiate the discovery process. This meeting can be held in person, over the phone, via email or mail, or by any other means of communication.

Hear this out loud PauseWhen a party is required or permitted to act within a prescribed period after a paper is served on that party, 5 calendar days are added to the prescribed period unless the paper is delivered on the date of service stated in the proof of service.

(A) In General. A party must disclose to the other parties the identity of any witness it may use at trial to present expert testimony.

If a party has consented to the assignment of the case to the magistrate judge calendar, such consent may be withdrawn only for good cause upon leave of the Presiding Judge of the Civil Division or that judge's designee.

Rule 12-I(a) provides that a moving party must seek consent of other affected parties prior to the filing of a motion, except with respect to Rule 11 motions for imposition of sanctions. In these instances, a good faith effort to resolve the disputed issues is required.

Rule 6(b) is a rule of general application giving wide discretion to the court to enlarge these time limits or revive them after they have expired, the only exceptions stated in the original rule being a prohibition against enlarging the time specified in Rule 59(b) and (d) for making motions for or granting new trials ...

Hear this out loud PauseThis rule freely authorizes the taking of depositions under the same circumstances and by the same methods whether for the purpose of discovery or for the purpose of obtaining evidence.

Hear this out loud PauseFRCP 26 (a) explains that, without exemption, the disclosing party needs to provide several types of information without awaiting a discovery request. This includes, among other things, the names and contact information for all parties with access to discoverable information or evidence.

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District of Columbia Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute