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.
Nevada Motion for a Speedy Trial
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How to fill out Motion For A Speedy Trial?
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In Nevada, for instance, a trial must normally begin after at least 30 but no more than 60 days have passed since the arraignment. The speedy-trial clock will normally start ticking in unison with either the complaint, the indictment or the arrest, whichever comes first.
A motion requesting a rehearing or reconsideration may be based only on one of the following grounds: (a) Newly discovered or available evidence. (b) Error in the hearing or in the findings and recommendations or the decision that would be grounds for reversal of the findings and recommendations or the decision.
Denial of a speedy trial can occur when the prosecution waits too long to try the defendant. This right is guaranteed by the Sixth Amendment to the United States Constitution and is applied to the states via the Fourteenth Amendment.
What is a ?motion for a new trial? in Nevada criminal cases? Like it sounds, a motion for a new trial is when a defendant who is found guilty at trial asks the court to hold a new trial. If the judge grants the motion and the defendant gets a new trial, then the verdict of the original trial no longer matters.
After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment. (b) Time to File a Motion for a New Trial.
Mizgala, 61 M.J. 122 (the Sixth Amendment to the United States Constitution contains the constitutional guarantee to a speedy trial; although the text of the amendment does not address waiver, courts have held that the Sixth Amendment right is waived by a voluntary guilty plea; this Court has consistently noted that ...
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.