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3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.

Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case. Judges can dismiss a case either on their own motion or on the motion of the defendant.

Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.

Dismissal Without Prejudice For example, if a person beats another person very severely, the prosecutor may file assault charges against the aggressor. If the victim later dies, the prosecutor may want to drop the assault charges in favor of a murder charge.

A good place for someone to begin their search is the Florida Supreme Court. To check public records at this location, people have to send a note to this email address: publicinformation@flcourts.org. Another source someone can use is the Florida State Archives. Many finalized court records are sent there.

Every citizen has been granted the Constitutional right to inspect or copy any public record with some exemptions in Florida, and the Sunshine Law provides a right of access to government proceedings at both the state and local levels.