Iowa Motion to Remedy Prosecutorial Abuse

Category:
State:
Multi-State
Control #:
US-00810
Format:
Word; 
Rich Text
Instant download

Description

This form is a detailed sample motion to remedy prosecutorial misconduct related to published remarks of a prosecutor. Defendant requests various sanctions against prosecutor including his recusal. Citing state and federal law, as well as rules of professional conduct for support. Adapt to fit your circumstances.
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FAQ

Unless the court upon motion orders otherwise for the convenience of parties and witnesses and in the interests of justice, or the parties stipulate, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any ...

A temporary injunction may be allowed under any of the following circumstances: 1. 1502(1) When the petition, supported by affidavit, shows the plaintiff is entitled to relief which includes restraining the commission or continuance of some act which would greatly or irreparably injure the plaintiff.

1. 504(3) A motion for protective order must include a certification that the movant has in good faith personally spoken with or attempted to speak with other affected parties in an effort to resolve the dispute without court action.

Rule 1.303 - Time for motion or answer to petition 1. 303(1) Unless otherwise provided, the defendant, respondent, or other party shall serve, and within a reasonable time thereafter file, a motion or answer within 20 days after the service of the original notice and petition upon such party.

Unless otherwise ordered by the court, no deposition, notice of deposition, interrogatory, request for production of documents, request for admission, or response, document or thing produced, or objection thereto shall be filed with the clerk.

In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.

All motions for continuance in a case set for trial shall be signed by counsel, if any, and approved in writing by the party represented, unless such approval is waived by court order.

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Iowa Motion to Remedy Prosecutorial Abuse