Montana Motion to Remedy Prosecutorial Abuse

Category:
State:
Multi-State
Control #:
US-00810
Format:
Word; 
Rich Text
Instant download

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

(2) Only the respondent under an order of protection may be cited for a violation of the order. The petitioner who filed for an order of protection may not be cited for a violation of that order of protection.

Violation of this no contact order is a criminal offense under 45-5-209, MCA, and may result in your arrest. You may be arrested even if the person protected by the no contact order invites or allows you to violate the prohibitions. This order lasts 72 hours or until the court continues or changes the order."

No Contact Order Information This order prohibits any contact with the alleged victim(s) of this offense. No Contact includes by phone, email, in person (within 1500 feet), electronic communications, and through a third-party.

For contracts in written form, the statute of limitations is eight years. (Refer to §27-2-202(1).) For oral contracts, the statute of limitations is five years.

40-15-204. Written orders of protection. (1) The court may, on the basis of the respondent's history of violence, the severity of the offense at issue, and the evidence presented at the hearing, determine that to avoid further injury or harm, the petitioner needs permanent protection.

After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.

The local attorney must file a notice of appearance in the case in which you seek to appear. This notice of appearance informs the court that you are making an application to the Montana Bar to appear pro hac vice. The Montana court rule requires local counsel to be at least minimally involved in the case.

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Montana Motion to Remedy Prosecutorial Abuse