New Jersey Motion to Remedy Prosecutorial Abuse

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

(a) Generally. Any party may serve upon any other party written interrogatories relating to any matters which may be inquired into under R. -2.

If the defendant responds in writing within the 35 days, a trial date will be scheduled. All parties will be notified by the court. If a defendant does not respond within the 35 days, the court will enter a default.

Mitigating sentencing factor fourteen permits the judge to consider that a defendant was under twenty-six years of age when the offense was committed.

. A party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense.

How could judges act earlier to prevent prosecutorial misconduct? The answer, perhaps surprisingly, is that a trial court could impose minimum training standards for avoiding prosecutorial misconduct. Unless prosecutors complete that training, the judge would not allow them to handle cases in the judge's courtroom.

When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.

The third-party plaintiff shall serve a copy of the third-party complaint upon the plaintiff within 5 days after service thereof upon the third-party defendant.

Under New Jersey Court Rule , an adverse party can require a plaintiff in a personal injury action to submit to a physical or mental examination?i.e., an independent medical examination (?IME?) or DME. But when, if ever, is third-party observation or recording of an IME allowed?

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New Jersey Motion to Remedy Prosecutorial Abuse