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Motion to Release Defendant and Set Reasonable Bail

Delaware Motion to Release Defendant and Set Reasonable Bail

Q: What is Rule 8 in Delaware Superior Court?

A party shall state in short and plain terms the party&#039;s defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies.

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-02728BG

Format:

Instant download

Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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How to fill out Motion To Release Defendant And Set Reasonable Bail?

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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.

If you have posted bond and wish to change either the conditions or the amount, you must file a Motion to Modify Bond. A hearing will be scheduled and you will be notified in writing when to attend.

(g) Damages. A pleading, whether a complaint, counterclaim, cross-claim or a third-party claim, which prays for unliquidated money damages, shall demand damages generally without specifying the amount, except when items of special damage are claimed, they shall be specifically stated.

(b) Fraud, mistake, condition of the mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge and other condition of mind of a person may be averred generally.

A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies.

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the Court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.

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

The defendant must pay the Court a designated amount of money or post security in the amount of the bail in order to be released. This security can be in the form of cash or property and may be posted by the defendant or by someone on his/her behalf, e.g., a relative or a bail bondsman.

Delaware Motion to Release Defendant and Set Reasonable Bail

Description

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How to fill out Motion To Release Defendant And Set Reasonable Bail?

Form popularity

FAQ

What is Rule 9 in Delaware?

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What is Rule 9 G in Delaware?

What is the rule 9 B in Delaware?

What is Rule 8 in Delaware Superior Court?

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Delaware Motion to Release Defendant and Set Reasonable Bail

Description

Related forms

Viewed forms

How to fill out Motion To Release Defendant And Set Reasonable Bail?

Form popularity

FAQ

What is Rule 9 in Delaware?

How do I reduce bail in Delaware?

What is Rule 9 G in Delaware?

What is the rule 9 B in Delaware?

What is Rule 8 in Delaware Superior Court?

What is the rule 21 in Delaware?

What are grounds for motion to dismiss in Delaware?

How do you bail someone out of jail in Delaware?

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