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Nebraska Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify

Category:
Affidavits - Criminal
State:
Multi-State
Control #:
US-02238BG
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Word; 
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It has been held that a court of original general jurisdiction has plenary power (complete power) over its judgments during the term at which they were rendered, and that the court may modify a sentence during that term by reducing the punishment to be served. However, some authorities have held that when a valid judgment and sentence have been rendered, the court has no jurisdiction, after the sentence has been executed in whole or in part, to set it aside and impose a new sentence. A state statute may provide authority for the reduction of a sentence in compliance with the statute's terms.


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.

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FAQ

(B) Content; response and submission. (1) A motion shall set forth the relief requested and the grounds therefor. (2) A response shall be filed within 10 days of the filing of the motion. Any response by a party shall respond to the motion of the moving party and not to a response filed by another party.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he or she states that he or she has made reasonable inquiry and that the information known or readily obtainable by him or her is insufficient to enable him or her to admit or deny.

A defendant seeking postconviction relief based on ineffective assistance of counsel must show (1) that counsel's performance was deficient and (2) that the deficient performance prejudiced the defendant's case.

If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.

A motion in limine may seek to limit the testimony of a witness and restrict what they can testify about. For instance, the state may ask a judge to prevent the defense from asking the accuser in a sexual assault case about prior sexual experiences, unless a judge deems the information relevant. Post Arraignment - Pre-Trial | Nebraska Judicial Branch nebraska.gov ? post-arraignment-pr... nebraska.gov ? post-arraignment-pr...

An action may be dismissed without prejudice to a future action (1) by the plaintiff, before the final submission of the case to the jury, or to the court where the trial is by the court; (2) by the court where the plaintiff fails to appear at the trial; (3) by the court for want of necessary parties; (4) by the court ... View Statute 25-601 - Nebraska Legislature nebraskalegislature.gov ? laws ? statutes nebraskalegislature.gov ? laws ? statutes

25-1332. Motion for summary judgment; proceedings. The judgment sought shall be rendered forthwith if the pleadings and the evidence admitted at the hearing show that there is no genuine dispute as to any material fact and that the moving party is entitled to a judgment as a matter of law. summary judgment motion - Nebraska Legislature Nebraska Legislature (.gov) ? laws ? statutes Nebraska Legislature (.gov) ? laws ? statutes

The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days. Nebraska Discovery Law - Evidence - USLegal uslegal.com ? discovery ? nebraska-disc... uslegal.com ? discovery ? nebraska-disc...

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