Minnesota Motion to Remedy Prosecutorial Abuse

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State:
Multi-State
Control #:
US-00810
Format:
Word; 
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Description

This form is a detailed sample motion to remedy prosecutorial misconduct related to published remarks of a prosecutor. Defendant requests various sanctions against prosecutor including his recusal. Citing state and federal law, as well as rules of professional conduct for support. Adapt to fit your circumstances.
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FAQ

52.02Amendment Upon motion of a party served and heard not later than the times allowed for a motion for new trial pursuant to Rule 59.03, the court may amend its findings or make additional findings, and may amend the judgment ingly if judgment has been entered.

12.02How Presented A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more defenses or objections in a responsive pleading or motion.

Rule 303.05Orders to Show Cause All orders to show cause must be appropriately signed out for service. A conformed file copy of such order shall be retained by the court administrator in the file.

How could judges act earlier to prevent prosecutorial misconduct? The answer, perhaps surprisingly, is that a trial court could impose minimum training standards for avoiding prosecutorial misconduct. Unless prosecutors complete that training, the judge would not allow them to handle cases in the judge's courtroom.

42.02Separate Trials The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of one or any number of claims, cross-claims, counterclaims, or third-party claims, or of any separate issues.

41.02Involuntary Dismissal; Effect Thereof (a) The court may upon its own initiative, or upon motion of a party, and upon such notice as it may prescribe, dismiss an action or claim for failure to prosecute or to comply with these rules or any order of the court.

?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).

Rule 25.03 governs only the restriction of access to public records concerning a criminal case. It does not authorize the court under any circumstances to prohibit the news media from broadcasting or publishing any information in their possession relating to a criminal case.

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Minnesota Motion to Remedy Prosecutorial Abuse