Idaho Motion to Dismiss for Misconduct of Police

State:
Multi-State
Control #:
US-02615BG
Format:
Word; 
Rich Text
Instant download

Description

The following form is a Motion 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

In any felony or misdemeanor criminal action, excluding actions before drug courts or mental health courts, any party may disqualify one judge by filing a motion for disqualification without stating any grounds, and the motion must be granted if timely filed.

If you have filed a petition or complaint in a civil proceeding which you no longer wish to pursue, Rule 41(a)(1) of the Idaho Rules of Civil Procedure explains how you can voluntarily dismiss the case. Rule 41(a)(1). Dismissal of actions ? Voluntary Dismissal - By the Plaintiff - (A) Without a Court Order.

Dismissal. (a) By Attorney for Government . The Attorney General or the United States attorney may by leave of court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate.

(c) Withdrawal of Plea of Guilty. A motion to withdraw a plea of guilty may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice the court may set aside the judgment of conviction after sentence and may permit the defendant to withdraw a plea of guilty.

After trial is commenced, at any time prior to the rendering of a verdict, the court may declare a mistrial on its own motion or on motion of any party if it determines an occurrence at trial has prevented a fair trial.

Dismissal. (a) By the Government. The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.

Idaho Juvenile Rule 48. Termination of Parent Child Relationship (C.P.A.) (a) At any time after the entry of a decree finding that the child is within the jurisdiction of the court under the C.P.A. a petition for termination of the parent child relationship may be filed in ance with the provisions of I.C.

When a court dismisses a criminal action, the order of dismissal must state the court's reasons for dismissal. (c) Effect of Dismissal. An order for dismissal is a bar to any other prosecution for the same offense if it is a misdemeanor, but it is not a bar if the offense is a felony.

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Idaho Motion to Dismiss for Misconduct of Police