This form is a New Case Investigation Checklist usable in cases where licensing, patents, or commercial trade secrets are an issue.
This form is a New Case Investigation Checklist usable in cases where licensing, patents, or commercial trade secrets are an issue.
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Every defendant who is entitled to appointed counsel under law must have counsel assigned to represent the defendant at every stage of the proceeding from initial appearance before the magistrate or district court, unless the defendant waives such appointment. (b) Assignment Procedures.
Rules 46. Bail or release on own recognizance. After the court enters the order forfeiting bail, the clerk must, within five days, mail a written notice of forfeiture to the last known address of the person posting the undertaking of bail.
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.
Rule 12 of the Idaho Criminal Rules requires that certain defenses must be raised by a motion filed before the trial. It also sets time limits within which such motions must be filed, although such time limits may be extended in the pre-trial order.
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.
Lack of notice of entry of an appealable order or judgment does not affect the time to appeal or to file a post-trial motion within the time allowed, except where there is no showing of mailing or delivery by the clerk in the court records and the party affected thereby had no actual notice.
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.
A party may use for any purpose the deposition of a witness, whether or not a party, if the court finds: (A) that the witness is dead; (B) that the witness is more than 100 miles from the place of hearing or trial or is outside the state of Idaho, unless it appears that the witness's absence was procured by the party ...