Defendant moves the court to quash the indictment against him/her. Defendant argues that the indictment fails to supply required information, and the indictment is also vague and ambiguous and does not apprise the defendant of the charge against him/her with sufficient specificity to permit adequate preparation of a defense.
Florida Motion to Quash Indictment
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How to fill out Motion To Quash Indictment?
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FAQ
Under Rule 3.190(c)(4), Florida Rules of Criminal Procedure, a defendant may, at any time, file a motion to dismiss on grounds that there are no disputed issues of material fact in the case and the undisputed facts do not amount to a prima facie case of guilt.
Motion for Arrest of Judgment; Grounds. The court shall grant a motion in arrest of judgment only on 1 or more of the following grounds: (a) The indictment or information on which the defendant was tried is so defective that it will not support a judgment of conviction.
The C4 motion to dismiss contemplates a circumstance where all of the facts are agreed upon by the parties, but at the same time, the parties cannot agree whether or not those facts actually constitute the commission of a crime.
A. : a collection of papers or records arranged in order. b. : a collection of data considered as a unit (as for a computer) file.
On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought or the form requested is not reasonably accessible because of undue costs or burden.
Florida Rules of Civil Procedure 1.190 can aid in shortcutting a Motion to Dismiss. The Rule allows the Plaintiff to amend a pleading once, without permission of the Court, prior to a responsive pleading from the Defendant. A Motion to Dismiss is not a responsive pleading.
Rule 3.190 - PRETRIAL MOTIONS (a) In General. 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.
Under the new rule, pursuant to Rule 1.150(b), Florida Rules of Civil Procedure, a motion for summary judgment must be served at least 40 days before a hearing on the motion and a response must be served 20 days before a hearing on the motion.