Montana Order Appointing Special Prosecutor

Category:

Criminal - Special Prosecutors

State:

Multi-State

Control #:

US-00827

Format:

Instant download

Description

This form is a sample Order granting a motion of recusal by the usual prosecutor and ordering a special prosecutor be appointed for the matter. Adapt to fit your circumstances.

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FAQ

An application to the court for an order must be by motion, which, unless made during a hearing or trial, must be in writing. A motion must state with particularity the grounds for the motion and must set forth the relief or order sought.

Rule 10 ? Death or Removal of Attorney. (c) Such notice may be by personal service or by certified mail to said party's last known address. (d) If said party does not appoint another attorney or appear in person within twenty-one days of the serve or mailing of said notice, the action may proceed to judgment.

The Notice of Issue is the only notice to the Court that a motion is pending. Until a Notice has been filed and served, the motion(s) shall not be deemed submitted.

Considerations Governing Review on Writ of Certiorari. Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons.

(i) Responses to motions to dismiss, for judgment on the pleadings, or for summary judgment must be filed within 21 days after the motion was filed. (ii) Responses to all other motions must be filed within 14 days after the motion was filed.