The Indo-European Family of Languages. The Sanskrit, spoken in ancient India.
Every pretrial motion and pleading in response to a motion shall be in writing and signed by the party making the motion or the attorney for the party. This requirement may be waived by the court for good cause shown.
Each motion or other pleading shall state the ground or grounds on which it is based. A copy shall be served on the adverse party. A certificate of service must accompany the filing of any pleading. All defenses available to a defendant by plea, other than not guilty, shall be made only by motion to dismiss the indictment or information, whether the same shall relate to matters of writing a motion for continuance, substance, former acquittal, former jeopardy, or any other defense.
Unless the court grants further time, the defendant shall move to dismiss the indictment or information either before or at arraignment. The court in its discretion may permit the defendant to plead and thereafter to file a motion to dismiss at a time to be set by the court.
Except for objections based on fundamental grounds, every ground for a motion to dismiss that is not presented by a motion to dismiss within the time hereinabove provided shall be considered waived.
However, the court may at any time entertain a motion to dismiss on any of the following grounds: The facts on which the motion is based should be alleged specifically and the motion sworn to. The state may traverse or demur to a motion to dismiss that alleges factual matters.
Factual matters alleged in a motion to dismiss under subdivision c 4 of this rule shall be considered admitted unless specifically denied by the state in the traverse.
The court may receive evidence on any issue of fact necessary to the decision on the motion.
A motion to dismiss under subdivision c 4 of this rule shall be denied if the state files a traverse that, with specificity, denies under oath the material fact or facts alleged in the motion to dismiss.
The demurrer or traverse shall be filed a reasonable time before the hearing on the motion to dismiss. If the motion to dismiss is sustained, the court may order that the defendant be held in custody or admitted to bail for a reasonable specified time pending the filing of a new indictment or information.
If a new indictment or information is not filed within the time specified in the order, or within such additional time as the court may allow for good cause shown, the defendant, if in custody, shall be discharged therefrom, unless some other charge justifies a continuation in custody.
If the defendant has been released on bail, the defendant and the sureties shall be exonerated; if money or bonds have been deposited as bail, the money or bonds shall be refunded. On motion of the state or a defendant or on its own motion, the court may grant a continuance, in its discretion for good cause shown.
A motion for continuance may be made only before or at the time the case is set for trial, unless good cause for failure to so apply is shown or the ground for the motion arose after the cause was set for trial.
The party applying for a continuance may file affidavits in support of the motion, and the adverse party may file counter-affidavits in opposition to the motion. A defendant aggrieved by an unlawful search and seizure may move to suppress anything so obtained for use as evidence because: Every motion to suppress evidence shall state clearly the particular evidence sought to be suppressed, the reasons for suppression, and a general statement of the facts on which the motion is based.
Before hearing evidence, the court shall determine if the motion is legally sufficient. If it is not, the motion shall be denied.Throughout your career as a lawyer, you'll be judged professionally on two main things: your interpersonal skills and your writing.
Although the requirements of writing assignments will vary.
A glossary for the New Mexico Judiciary of commonly used legal terms. Contact Us. Hill Meadow Drive | Austin, TX () p | () f [email protected] Strike Force | Staff Directory | Index.
As to the timeliness of a Motion for Reconsideration of a prior Order, Judge Nealon referred to 42 Pa.C.S.A. Section of the Judicial Code for the rule that such a motion must be filed within thirty days of the challenged order.
The Rules for Admission to the Bar have been updated as of July 1, A complete listing of rules can be downloaded in PDF format. Or, browse Rules by section using the links below.
APPENDIX II. DISCLOSURE CATEGORIES. Category 1. Employees, contractors or consultants in designated classifications assigned to this disclosure category shall report interests in real property located within Santa Barbara County or within two miles of Santa Barbara County.