Florida 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

Pursuant to Florida Small Claims Rule 7.110(e), in any small claims action where no action has taken place in the case within 6 months, the Court, on its own motion, shall: 1. Issue a Notice of Intent to Dismiss or Close and a Notice of Hearing Pursuant to Florida Small Claims Rule 7.110(e).

LexRoll.com > Law Dictionary > Civil Procedure > Failure to Prosecute. Failure of the plaintiff (in a civil case) or the prosecutor (in a criminal case) to diligently pursue the case after it is filed, which can be grounds for dismissal of the case.

The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.

The C4 motion to dismiss contemplates a circumstance where all of the facts are agreed upon by the parties, but at the same time, the parties cannot agree whether or not those facts actually constitute the commission of a crime.

A plaintiff's failure to prosecute diligently can result in dismissal if the plaintiff in response to an order to show cause fails to demonstrate due diligence and just cause for delay.

Under Rule 3.190, a Motion to Dismiss can be filed for a multitude of reasons, including, but not limited to, statute of limitations violations, pardons, failures to establish a prima facie case of guilt (factual insufficiencies), double jeopardy, prosecutorial immunity, discovery violations, prosecutorial misconduct, ...

Florida's ?two-dismissal rule? holds that a second voluntary dismissal will operate as a denial of adjudication ?of any claim for benefits previously subject to voluntary dismissal.? In other words, if your claim is dismissed twice, that specific claim is forever barred from being brought again.

1.420(a)(2). ?Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Notice of hearing on the motion shall be served as required under rule 1.090(d).? Fla.

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Florida Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute