An Order is a written direction or command delivered by a court or judge. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Montana Order Setting Aside Dismissal for Want of Prosecution
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US-02470BG
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How to fill out Order Setting Aside Dismissal For Want Of Prosecution?
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FAQ
By definition, a dismissal for want of prosecution occurs when a case is dropped because the plaintiff failed to take necessary and required actions in a timely manner. There are a number of reasons why this might happen. In some cases, the plaintiff simply forgot about the case or was too busy to deal with it.
(2) A person convicted of the offense of criminal contempt shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. History: En. 94-7-309 by Sec.
45-4-103. Attempt. (1) A person commits the offense of attempt when, with the purpose to commit a specific offense, the person does any act toward the commission of the offense.
(1) After a finding of probable cause following a preliminary examination or waiver of a preliminary examination or after leave of court has been granted, the prosecutor shall file within 30 days in the proper district court an information charging the defendant with the offense or any other offense supported by ...
If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.
Theft: 5 years time limit after date of theft, whether or not offender is in possession. If offender is still in possession after 5 years time limit ends, prosecution can commence at any time.
A person may be adjudged guilty of and penalized for criminal contempt under this section by a fine in an amount not to exceed $500 or by imprisonment for a term not to exceed 30 days, or both, and by any other reasonable conditions or restrictions that the court may consider appropriate under the circumstances.
Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case.
