What is the rule 29 in Delaware Superior court?

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.

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Motion to Dismiss Counts of Indictment

Delaware Motion to Dismiss Counts of Indictment

Category:

Criminal - Dismissals

State:

Multi-State

Control #:

US-02616BG

Format:

Instant download

Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:

" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;

" When more than one offense is charged in a single count;

" When it does not describe a public offense;

" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;

" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and

" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.

The above is not an exhaustive list.

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How to fill out Motion To Dismiss Counts Of Indictment?

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FAQ

If you filed a Petition and the Respondent(s) has not yet answered/filed an appearance, you may file a Voluntary Dismissal of Civil Action (Form 297). On this form, you must state the reasons why you want to dismiss your case. A Judge or Commissioner will review the voluntary dismissal.

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.

Rule 25 - Substitution of parties (a) Death. (1) If a party dies and the claim is not thereby extinguished, the Court may order substitution of the proper parties.

When actions involving a common question of law or fact are pending before the Court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or ...

If you filed a Petition and the Respondent(s) has filed an answer/entered an appearance, but agrees to dismiss the case, you may file a Stipulation of Dismissal (Form 520). This stipulation must be signed by all parties who have filed a pleading or have come to Court for the case.

Rule 48 - Dismissal (a) By attorney general. - The attorney general may without leave of the court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate.

An application to the Court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the Court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought.

-- 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 ...

(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).

What does Nolle Prosequi mean? This is a Latin legal term meaning ?will no longer prosecute.? It is equivalent to ?dropping? a charge. Sometimes, it is appropriate for charges to no longer be pursued.

Delaware Motion to Dismiss Counts of Indictment

Description

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Delaware Motion to Dismiss Counts of Indictment

Description

Related forms

Viewed forms

How to fill out Motion To Dismiss Counts Of Indictment?

Form popularity

FAQ

What is a voluntary dismissal of civil petition in Delaware?

What is the rule 29 in Delaware Superior court?

What is Rule 25 in Delaware Superior Court?

What is the rule 42 in the Delaware Superior Court?

What is a stipulation of dismissal in Delaware?

What is the rule 48 in Delaware Superior Court?

What is the rule 47 in Delaware?

What is the rule 26 in the Delaware Superior Court?

What is the rule 48b in Delaware?

What does nolle prosequi mean in delaware?

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