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.
Massachusetts Motion to Dismiss for Misconduct of Police
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Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
A claimant's voluntary dismissal under Rule 41(a)(1)(A)(i) must be made: (1) before a responsive pleading is served; or. (2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.
The service of a Rule 12 motion has the following effect on the timing of the pleadings: "(i) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court's action; (ii) if the court grants a motion for a more ...
The primary means to exclude illegally obtained evidence is a motion to suppress, which is a written request by the defendant asking the court to keep certain evidence from being introduced at trial because that evidence was obtained as a result of unconstitutional or illegal police activity.
A party may amend his pleading once as a matter of course at any time before a responsive pleading is served and prior to entry of an order of dismissal or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time ...
Ing to Rule 16(a) of the Massachusetts Rules of Criminal Procedure: A prosecuting attorney may enter a nolle prosequi of pending charges at any time prior to the pronouncement of sentence or the imposition of probation or the entry of an order of continuance without a finding.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.