Alabama Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

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Multi-State
Control #:
US-02613BG
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Description

The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute
  • Preview Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

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How to fill out Motion To Quash, Dismiss, Or Set Aside Indictment For Failure To Prosecute?

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FAQ

Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.

Rule 13.1. Definitions. (a) INDICTMENT. An indictment is a written statement charging the defendant or defendants named therein with the commission of an indictable offense, presented to the court by a grand jury, endorsed ?A True Bill,? and signed by the foreman.

A motion to quash is most commonly filed at the beginning of a trial, or an appeal as a pretrial motion. It may be considered as somewhat similar to a motion to dismiss. However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing.

There is a range of reasons why a defendant may file a Motion to Dismiss. Insufficient Evidence. In a criminal trial, the prosecution must prove the charge against the defendant beyond any reasonable doubt. ... Statute of Limitations. ... Violation of the Right to a Speedy Trial. ... Double Jeopardy. ... Errors in Filing the Complaint.

(1) A motion to dismiss the indictment may be based upon objections to the venire, the lack of legal qualifications of an individual grand juror, the legal insufficiency of the indictment, or the failure of the indictment to charge an offense.

For misdemeanors, the prosecution of the case must be commenced within 12 months. Most, but not all, felonies have a statute of limitations the five years; however, there are a variety of felony charges that have no statute of limitations whatsoever.

If the defendant files a motion to dismiss, you will have 21 days from the date of service to respond. In the response, you may explain to the Judge why you believe the action should not be dismissed. The defendant will then be permitted to file a reply within 14 days of the date of service of the response.

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Alabama Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute