New Jersey Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing

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Multi-State
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US-02611BG
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Description

Show-cause hearings occur when the alleged victim of a crime or the police files an Application for a Criminal Complaint with the court. After an application has been filed, the court will send the defendant a notice in the mail requesting him or her to appear before a clerk-magistrate in a criminal show-cause hearing. At a show-cause hearing, the complaining party must produce evidence demonstrating "probable cause" that the defendant committed the crime. The hearing has three possible outcomes: 1) the complaint is dismissed; 2) the complaint is issued, or 3) the complaint is continued.


If the complaining party fails to show probable cause, the complaint will be dismissed. This means that no charges will be filed against the defendant and neither the application nor the hearing outcome will appear on the defendants criminal record.


If probable cause is shown, the clerk-magistrate may decide that the complaint be issued. If the complaint is issued, the defendant will be arraigned in the district court. At arraignment the defendant will be formally charged with a crime and may be provided court-appointed counsel if he or she is financially eligible. Issuance of the complaint is not a determination of guilt or

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FAQ

To obtain an Order to Show Cause for injunctive relief, the requesting party must show the court that the situation at hand could cause serious and irreparable harm to the moving party if the court does not act. This has also been described as ?immediate and irreversible harm? to the movant.

Orders to Show Cause are generally used to avert or prevent irreparable harm to a child or to protect their health, safety, and welfare. Prevention of harm is the reason to seek emergent remedy with the court. The court, in its discretion, may issue an emergency order.

Emergency Custody Grounds The other parent is in police custody. The parent has been incarcerated. The child has been taken to (or there is a real imminent threat with substantive proof of that threat) another state or country without the permission of the other parent or relevant court, known as parental kidnapping.

A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (a) Motion. If a deponent fails to answer a question propounded or submitted under R.

The plaintiff must file and serve any written reply to the defendant's order to show cause opposition by . The reply papers must be filed with the Clerk of the Superior Court in the county listed above and a copy of the reply papers must be sent directly to the chambers of Judge .

To obtain an Order to Show Cause for injunctive relief, the requesting party must show the court that the situation at hand could cause serious and irreparable harm to the moving party if the court does not act. This has also been described as ?immediate and irreversible harm? to the movant.

This Note explains who may file a motion to dismiss, when they may file the motion, and the available defenses (grounds) to assert, including lack of subject matter or personal jurisdiction, insufficient process or service of process, failure to state a claim on which relief may be granted, and failure to join a ...

The Order to Show Cause to vacate a Landlord Tenant Judgment is a court order that you are asking the judge to sign that puts the court case back on the court's calendar, and tells the landlord and Sheriff not to evict you. It tells the landlord to come to court and show why what you want should not be granted.

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New Jersey Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing