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A continuance for a dismissal is an agreement between the prosecutor and defendant to cease further prosecution for a period of time, during which the defendant must abide by certain conditions. Upon doing so, the case will be administratively dismissed.
Contact court administration to see whether your request for continuance must be in writing and served on the other party. Written continuance requests may not be needed. You also may not be required to serve the other party or complete the Affidavit Service.
(a)Moving Documents-Service; Notice. Contempt proceedings shall be initiated by notice of motion and motion or by an order to show cause served upon the person of the alleged contemnor together with motions accompanied by appropriate supporting affidavits.
The procedure is straightforward. If your lawyer convinces the prosecutor your case is worthy of a continuance for dismissal in MN, then you have to sign a written agreement. As part of that agreement, the prosecutor has to talk with any alleged victim to get their input on the disposition.
If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.
Fill out the Request for Continuance form (10CONT-102). This tells the judge the information they need to know to consider your request for a continuance. Your request may be rejected by the judge if you do not answer each question completely.
I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.
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