Delaware Motion for Psychiatric Examination of Defendant

Category:
State:
Multi-State
Control #:
US-00802
Format:
Word; 
Rich Text
Instant download

Description

This form is a model motion for psychiatric examination of an indigent defendant by a private psychiatrist. The motion is made by defendant's attorney in hopes of ascertaining whether defendant is fit to stand trail. The court is asked to pay for the examination due to the defendant's indigence.
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FAQ

Rule 9. Upon the request of the attorney general a summons instead of a warrant shall issue. If no request is made, the court may issue either a warrant or a summons in its discretion.

In common law jurisdictions, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned.

Motion for Judgment on the Pleadings ? A party's request that the Court rule in its favor based on the pleadings filed with the Court, without accepting any evidence, because the outcome of the case is based on the Court's interpretation of the law.

The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more offenses charged in the indictment or information after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense or offenses.

A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.

Justification ? Use of force in self-protection. (a) The use of force upon or toward another person is justifiable when the defendant reasonably believes that such force is immediately necessary for the purpose of protecting the defendant against the use of unlawful force by the other person on the present occasion.

Judgments Judgments are presumed valid for 20 years Judgment Liens on Real Property expire 10 years after entry Judgment Liens can be: a) renewed prior to the 10 year lien expiration or b) revived after the expiration of 10 years unless the judgment debtor shows good cause as to why the lien should not be renewed.

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Delaware Motion for Psychiatric Examination of Defendant