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

State:
Multi-State
Control #:
US-02613BG
Format:
Word; 
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Description

The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Oklahoma law allows a criminal defendant to file a Motion to Quash for insufficient evidence in felony cases after a preliminary hearing.

The Petition must be served on the defendant(s) along with a Summons. The Summons is issued by the Court Clerk and provides notice to the defendant(s) that they have been sued and directs them to respond by filing an Answer within twenty (20) days of the date they receive the Summons and Petition.

Insufficient evidence is a negative defense, which means that the defendant asserts by implication (silence) or by testimony, that she did not commit the alleged offense, or that the prosecutor cannot prove that she committed the alleged offense.

A court may decide a motion for either a summary judgment or summary disposition without a hearing, and where this is done, the court shall notify the parties of its ruling in writing by mail or email.

Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed.

In law, a motion to quash is a formal request made to a court to declare a specific proceeding, such as a subpoena, an arrest warrant, or a legal complaint, as invalid or void.

Civil Procedure. §12-39. Court clerk ? Prohibition of posting documents containing certain charges on court-controlled website.

(2) Response to Motion. Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed. The argument and authorities in support of the response shall be included therein, and no separate brief may be tendered for filing.

The purpose of Rule 4 is to establish rules of ethical conduct for state officers and employees by prohibiting conflicts between their public duties and private economic interests.

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