New Jersey Motion to Dismiss Counts of Indictment

Q: Which of the following are proper grounds for a motion to dismiss?

The motion to dismiss is a defendant&#039;s request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.

Category:

Criminal - Dismissals

State:

Multi-State

Control #:

US-02616BG

Format:

Instant download

Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:

"When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;

"When more than one offense is charged in a single count;

"When it does not describe a public offense;

"When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;

"When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and

"When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.

The above is not an exhaustive list.

New Jersey Motion to Quash Indictment

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New Jersey Order of Dismissal

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New Jersey Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

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New Jersey Motion to Dismiss for Misconduct of Police

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New Jersey 2.15 Dismissal of Some Charges Against Defendant.

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How to fill out Motion To Dismiss Counts Of Indictment?

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FAQ

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 ...

(4) Court Determination. (A) The court shall consider and render a decision on the prosecutor's motion to extend the time to return an indictment and any objections filed by the defendant within 5 calendar days of the prosecutor's motion, defendant's objection, or oral argument, whichever is later.

The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.

Time for Filing Most Motions Most motions must be filed and served at least 16 days before the return date, opposition must be filed and served at least 8 days before the return date, and any reply must be filed and served at least 4 days before the return date.

A Motion to dismiss an indictment is used if the evidence was insufficient to support the charges within the indictment and it can be based on several factors, including the State's failure to properly instruct the Grand Jury and/or the State's witnesses misleading the Grand Jury.

The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.

N.J.R. -1 (a) (amended eff 9/1/18). As a practical matter, this means discovery and calendar motions, including motions to dismiss based on failure to make discovery, should be filed, at the latest, 16 days before the last motion calendar return date that falls within the discovery period.

-1 and -2(a), (b) apply to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to R. -1(a) shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.