Delaware 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

-- Rule 26 protects communications between the party's attorney and any witness required to provide an opinion under Rule 26(b)(4) regardless of the form of the communications, except to the extent that communications: (i) relate to compensation for the expert study or testimony; (ii) identify facts or data that the ...

Rule 28 - Brief of amicus curiae (a)When permitted. -A brief of an amicus curiae may be filed only by leave of Court granted on motion or at the request of the Court. (b)Motion for leave to file.

(1) Every subpoena shall (A) state the name of the Court and the county from which it is issued; and (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and (C) command each person to whom it is directed to attend and give testimony or to produce and permit ...

Rule 29 - Dismissal (a)Voluntary dismissal. -At any time before filing of the appellee's brief, an appellant may dismiss the appellant's appeal voluntarily by serving a notice of dismissal upon the other parties to the appeal, by filing the same with the Clerk and paying the costs.

A motion to dismiss the indictment may be based on objections to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge. It shall be made in the manner prescribed in 10 Del. C. § 4512 and shall be granted under the conditions prescribed in that statute.

29. Rule 29 - Motion for judgment of acquittal (a) Motion before submission to jury. - Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place.

(b)Dismissal by Court. If there is unnecessary delay in the filing of an information against a person held to answer, the Court may dismiss all proceedings in that action and release the accused and vacate any appearance bonds, notwithstanding the provisions of Rule 46(i).

Ct. 30. Rule 30 - Depositions upon oral examination (a) When depositions may be taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination.

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Delaware Motion to Quash Indictment