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

State:
Multi-State
Control #:
US-02613BG
Format:
Word; 
Rich Text
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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

(c) If the defendant asserts a counterclaim against the plaintiff in the answer, the plaintiff may file a reply disputing the defendant's counterclaim not later than 14 days after service of the defendant's answer. The plaintiff's reply shall comply with the requirements set forth in subsection (b).

A party may request oral argument?either in the motion or in a response filed by the adverse party under subsection (b). The court must grant a timely request for oral argument unless it states in the ruling or by separate communication that oral argument would not aid the court materially.

(2) On its own, the court may dismiss a case without prejudice for lack of prosecution, but only after notice to counsel of record, not less than 14 days prior to the intended dismissal, that an order of dismissal will be entered unless cause is shown for not doing so.

A party shall have twenty-one (21) days to respond to a motion to dismiss or for summary judgment. The party may, within fourteen (14) days after the service of such response in opposition upon him, file an original with the clerk and serve upon all other parties a copy of a written reply memorandum.

Quash means to set aside or to void. In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial.

(4) The motion to dismiss shall be made at any time prior to arraignment or within 21 days after the plea is entered.

Except as otherwise provided by statute or these rules, the response must be filed no later than 7 days after service of the motion or as otherwise provided by the court. (c) Oral Argument. The following rules govern oral argument and rulings on motions.

The word "quash" is used to mean something is invalid. Quashing service refers to the process of filing a motion to tell the courts you believe there was invalid service of process in your case. Below, we discuss when and how a person can make a request to quash service to help their court case.

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