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Too many to mention - there are entire textbooks written on this subject. Just a few - could be: tainted evidence - improper procedure - false arrest - charged with wrong offense - etc - etc - etc - etc.

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15y ago

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How do you file a motion for dismissal of criminal case in Texas?

To file a motion for dismissal of a criminal case in Texas, you must prepare a written motion that outlines the legal grounds for dismissal, such as lack of evidence or violations of rights. The motion should include relevant case law and facts supporting your request. After drafting the motion, you must file it with the court where your case is being heard and serve a copy to the prosecutor. A hearing may be scheduled where you can present your arguments, and the judge will make a decision.


Restoration of interim order after dismissal?

You must file a "motion for reconsideration."


Is it proper to request an evidentiary hearing in a civil matter when you have not received the requested discovery from Plaintiff but the judge will not dismiss the case based on this fact?

This question touches on several issues. (1) you can file a motion requesting an evidentiary hearing if you like - it will either be granted or denied. (2) If you have filed for discovery then the plaintiff MUST comply with the order - the question then becomes, how much time is enough time to produce it? (3) The judge may not be inclined to do a full dismissal of the case, pending the delivery of the discovery material. How do you KNOW the judge won't dismiss the case? Have you filed a motion for dismissal and been denied? If so, the denial should have stated on what grounds the request was denied.


How do you do a ch 13 voluntary dismissal?

To initiate a Chapter 13 voluntary dismissal, you must file a motion for dismissal with the bankruptcy court where your case is pending. This typically involves completing the necessary forms and providing a reason for your dismissal. It's important to notify your creditors and the bankruptcy trustee, and you may need to attend a hearing if the court requires it. Once approved, your case will be dismissed, and you will no longer be under bankruptcy protection.


What is a motion stipulation in criminal proceedings?

Stipulation Once a defendant has served an answer to the plaintiff's complaint, the plaintiff may obtain a dismissal without prejudice by entering a formal agreement, a stipulation, with the defendant. The parties agree to the terms of the dismissal, which must be filed with the court clerk and put into effect by the action of the clerk. A dismissal agreement is a court order that enforces the stipulation of the parties. A dismissal by stipulation is a dismissal without prejudice unless the parties otherwise agree and record their agreement in the text of the stipulation.


How do you write a response to a dismissal letter reason for leaving employment?

To answer the question, the circumstances stated in the dismissal letter or what type of response you would make to a dismissal letter must be known.


If a Motion for Relief from Stay is filed can the debtor file a motion for dismissal and sell the property to an interested party?

A Chapter 7 debtor can move to dismiss the cause for cause, but he or she must demonstrate that the dismissal will not be prejudicial to the creditors in the case. A chapter 13 is easier to dismiss, so could trying converting to a 13 and this dismissing the Chapter 13. Now SHOULD you do this? That depends on a number factors, including how much money you can get by selling the property privately without violating the creditor's rights.


How long do you have to make a claim for constructive dismissal?

You will have three months from the dismissal date to do this. To do the claim you must show that you were not given any options except to resign due to a breach in contract with the employer.


How do you file rule to show cause?

To file a rule to show cause, you typically begin by drafting a motion that outlines the reasons for your request, including relevant facts and legal grounds. This motion must be filed with the appropriate court, accompanied by any necessary forms and a notice of hearing. After filing, you must serve the opposing party with the motion and a copy of the court's notice of hearing. Finally, be prepared to present your case at the scheduled hearing.


How do you dismiss chapter 13?

To dismiss a Chapter 13 bankruptcy case, you typically need to file a motion with the bankruptcy court. This motion must outline the reasons for the dismissal, such as failure to make plan payments or non-compliance with court orders. If the court approves the motion, the case will be dismissed, and the debtor will no longer be protected under bankruptcy law. It's important to consult with a bankruptcy attorney to navigate this process effectively.


How can you drop a restraining order in Louisiana?

To drop a restraining order in Louisiana, the individual who requested the order must file a motion to have it dismissed in the court that issued the order. This motion typically requires a hearing where the petitioner must demonstrate a valid reason for the dismissal. It's advisable to consult with an attorney for assistance in the process and to ensure all legal requirements are met. Additionally, the court will consider the safety of the parties involved before granting the request.


How can construction dismissal compensation be attained?

A CONSTRUCTIVE dismissal compensation refers to an employee leaving a position because of the treatment or behavior of a superior. Typically the employee must go through their Human Resource rep to receive it.