An Indiana Petition to Dismiss (PDF) is a legal document used to request the dismissal of a case in the state of Indiana. It is typically filed by the defendant in a civil case or the prosecution in a criminal case. It can be used to dismiss a case for a variety of reasons, such as lack of evidence or lack of jurisdiction. There are two primary types of Indiana Petition to Dismiss: Voluntary Dismissal and Motion to Dismiss. A Voluntary Dismissal is typically filed by the defendant in a civil case when they wish to end the proceedings without prejudice, or when they do not want to admit any wrongdoing or liability. A Motion to Dismiss is usually filed by either the defendant or the prosecution in a criminal case when there is a legal ground for dismissal of the charges. It is also often used when the court lacks jurisdiction or the statute of limitations has expired.
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P. 21. The Indiana rules of trial and appellate procedure shall apply to all criminal proceedings so far as they are not in conflict with any specific rule adopted by this court for the conduct of criminal proceedings.
P. 11. Upon entering a conviction, whether the acceptance of a guilty plea or by finding or by verdict, the court shall sentence a defendant convicted in a criminal case within thirty (30) days of the plea or the finding or verdict of guilty, unless an extension for good cause is shown.
The local rule required by Ind. Crim. Rule 2.2 shall include an alternative assignment list of full-time judicial officers from contiguous counties and counties within the administrative district of the court as set forth in Administrative Rule 3(A) and senior judges.
Trial Rule 11 of the Indiana Rules of Trial Procedure tracks Federal Rule 11 in stating that an attorney's signature on a pleading or motion "constitutes a certificate by him that he has read the pleadings; that to the best of his knowledge, information, and belief, there is good ground to support it; and that it is
Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court of the county where the witness was required thereunder to appear or act.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
Indiana Criminal Rule 4 declares that one accused of a crime is to be released on his own recognizance if incarcerated without a trial for an aggregate period exceeding six months from the date he was charged or arrested.
In all cases where a motion is made to dismiss an indictment or affidavit, a memorandum shall be filed therewith stating specifically the grounds for dismissal. A motion to dismiss shall be based upon such grounds as are provided by law, whether statutory or other legal grounds.