Affidavit Motion Dismiss For Emergency Ex Parte Order

State:
Multi-State
Control #:
US-02161BG
Format:
Word; 
Rich Text
Instant download

Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.


Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI
  • Preview Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

How to fill out Affidavit In Support Of Motion To Dismiss For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

An Ex Parte Application is used for one party to ask the Court for an order without providing the other party(ies) the usual amount of notice or opportunity to write an opposition.

Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Include a proposed order that states what you want the judge to do and the court to enforce.

An ex parte motion does not require a response from the opposing party for an order to be passed, and therefore, has a much smaller window of time before the order is passed for the respondent to respond to the motion. A regular motion requires the opposing party to respond to the motion before an order is passed.

An ex parte application must state the name, address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, and telephone number of the party if known to the applicant.

After the ex parte decree is set aside, the suit is again restored to file and parties are demoted to the position they held before the non-presence of the opposite party, and the court will take action with the suit de novo and determine on merits.

More info

EX PARTE ORDERS. 1. The moving party (the person who needs a court order), Motion.Administrative Order 3 - Quarterly Report Form. Motion; affidavits. Domestic Violence Civil Protection Order Ex Parte (10. Court needs in order to properly schedule your case. Motion Practice. 303.04. Ex Parte and Emergency Relief. 303.05.

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Affidavit Motion Dismiss For Emergency Ex Parte Order