New Jersey Motion to Dismiss Counts of Indictment

State:
Multi-State
Control #:
US-02616BG
Format:
Word; 
Rich Text
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.

Free preview
  • Preview Motion to Dismiss Counts of Indictment
  • Preview Motion to Dismiss Counts of Indictment
  • Preview Motion to Dismiss Counts of Indictment

How to fill out Motion To Dismiss Counts Of Indictment?

Have you been in a placement in which you need to have files for sometimes company or person purposes nearly every working day? There are plenty of lawful papers layouts available online, but locating types you can trust is not effortless. US Legal Forms offers thousands of type layouts, such as the New Jersey Motion to Dismiss Counts of Indictment, which are composed to meet state and federal specifications.

If you are presently informed about US Legal Forms internet site and also have an account, just log in. Afterward, you may obtain the New Jersey Motion to Dismiss Counts of Indictment web template.

Unless you offer an profile and need to start using US Legal Forms, abide by these steps:

  1. Obtain the type you will need and ensure it is for that appropriate town/area.
  2. Use the Preview switch to review the shape.
  3. Read the information to ensure that you have chosen the right type.
  4. In the event the type is not what you are searching for, make use of the Look for industry to get the type that meets your requirements and specifications.
  5. If you discover the appropriate type, just click Buy now.
  6. Pick the pricing plan you want, complete the required details to produce your account, and buy the order with your PayPal or credit card.
  7. Decide on a practical data file format and obtain your duplicate.

Find each of the papers layouts you may have bought in the My Forms menus. You can get a additional duplicate of New Jersey Motion to Dismiss Counts of Indictment anytime, if needed. Just go through the needed type to obtain or printing the papers web template.

Use US Legal Forms, one of the most considerable assortment of lawful varieties, in order to save time as well as avoid errors. The service offers expertly produced lawful papers layouts which you can use for a range of purposes. Make an account on US Legal Forms and start making your daily life easier.

Form popularity

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.

Trusted and secure by over 3 million people of the world’s leading companies

New Jersey Motion to Dismiss Counts of Indictment