Maryland Motion to Dismiss Counts of Indictment

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US-02616BG
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Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:


" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;

" When more than one offense is charged in a single count;

" When it does not describe a public offense;

" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;

" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and

" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.


The above is not an exhaustive list.

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FAQ

An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of one year from the last issuance of original process directed to that defendant.

(b) Dismissal Upon Stipulated Terms. If an action is settled upon written stipulated terms and dismissed, the action may be reopened at any time upon request of any party to the settlement to enforce the stipulated terms through the entry of judgment or other appropriate relief. (c) By Order of Court.

Rule 2-507(b) authorizes a circuit court to dismiss a case when the court has not obtained jurisdiction over the defendant within 120 days of the date on which the clerk's office issued a summons for the defendant, which in this case was the day on which Mr. Powers filed his complaint.

(Md. Rule 3-506) No Notice of Intention to Defend having been filed, I dismiss this action without prejudice. No judgment having been entered, I dismiss this action with prejudice. All parties having agreed, I file a stipulation of dismissal, signed by all parties who have appeared.

If the other party lives in a different state from where you filed your initial court petition, then s/he might file a motion to dismiss for lack of personal jurisdiction. This means that the state where you filed might not have jurisdiction (power) over the other party.

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

Rule 4-252 states that a motion to suppress an unlawful search, seizure, interception of wire or oral communication, or pretrial identification must be raised within 30 days after the earlier of the appearance of counsel, or the first appearance of the defendant.

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

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Maryland Motion to Dismiss Counts of Indictment