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.
Michigan Motion to Dismiss for Misconduct of Police
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How to fill out Motion To Dismiss For Misconduct Of Police?
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FAQ
(1) Unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion.
A motion for immediate consideration should be filed if the order being appealed will have consequences within 21 days of the filing of the application. MCR 7.205(F)(2). It is important to remember that unlike a claim of appeal, an application for leave to appeal is a full appeal brief on the merits.
(2) Motion to Dismiss. An appellee may file a motion to dismiss an appeal any time before it is placed on a session calendar on the ground that (a) the appeal is not within the Court of Appeals jurisdiction; (b) the appeal was not filed or pursued in conformity with the rules; or (c) the appeal is moot.
Any individual who is given direction or order by hand, voice, emergency light, siren, or other visual or audible signal by a police officer acting in the lawful performance of his duty, and who willfully disobeys and/or disregards that direction or order, is guilty of a misdemeanor. Sec. 14-38.2.
There are two kinds of appeals in Michigan: an appeal of right and an appeal by leave. An appeal of right means that Michigan law gives the defendant the right to appeal the judgment of the trial court, and the appellate court must hear the appeal so long as the defendant follows all the rules for filing the appeal.
Generally a defendant in Michigan charged with a felony crime has a right to trial within six months of the date of arrest, and a defendant charged with a misdemeanor crime has a right to trial within 28 days of arrest.
Approximately 85% of all appeals are concluded within 18 months of their filing. Some appeals, however, are considered priority matters by the Court and have a significantly faster disposition.
File the Motion with the court. File all four copies of your motion with the court in person or by first-class mail. If you mail your motion to the court, include a postage-paid and self-addressed envelope with your motion so that the court can return copies.