Colorado Motion to Dismiss Counts of Indictment

Q: What is the rule 5 in Colorado?

The defendant may cross-examine the prosecutor&#039;s witnesses and may introduce evidence. The prosecutor shall have the burden of establishing probable cause. The judge presiding at the preliminary hearing may temper the rules of evidence in the exercise of sound judicial discretion.

Category:

Criminal - Dismissals

State:

Multi-State

Control #:

US-02616BG

Format:

Instant download

Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:

" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;

" When more than one offense is charged in a single count;

" When it does not describe a public offense;

" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;

" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and

" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.

The above is not an exhaustive list.

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How to fill out Motion To Dismiss Counts Of Indictment?

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FAQ

In Colorado, the arraignment hearing is typically the first court appearance in a criminal case where you learn about the charges against you and have the opportunity to enter a plea of guilty or not guilty. Subsequently, the judge schedules further proceedings for the case.

The defendant may cross-examine the prosecutor's witnesses and may introduce evidence. The prosecutor shall have the burden of establishing probable cause. The judge presiding at the preliminary hearing may temper the rules of evidence in the exercise of sound judicial discretion.

The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow.

(A) When an employer has notice of an on-the-job injury, the employer or insurer shall provide the injured worker with a written list of designated providers from which the injured worker may select a physician or corporate medical provider.

An action may be dismissed prior to answer or motion for summary judgment. An action may be dismissed by notice, without court order, at any time before the adverse party files an answer or motion for summary judgment.

The court on motion of a defendant or of its own motion shall order the entry of a judgment of acquittal of one or more offenses charged in the indictment or information, or complaint, or summons and complaint after the evidence on either side is closed, if the evidence is insufficient to sustain a conviction of such ...

Rule 9 - Pleading Special Matters (a) (1) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party.

This procedure provides assurance that an attorney who makes a limited appearance for a pro se party in a specified appellate case proceeding(s), at the request of and with the consent of the pro se party, can withdraw from the case upon filing a notice of completion of the limited appearance, without leave of court.

Colorado Motion to Dismiss Counts of Indictment

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Colorado Motion to Dismiss Counts of Indictment

Description

Related forms

Viewed forms

How to fill out Motion To Dismiss Counts Of Indictment?

Form popularity

FAQ

What happens at a first appearance in Colorado?

What is the rule 5 in Colorado?

How long do you have to respond to a motion to dismiss in Colorado?

What is Rule 8 in Colorado?

What is a Rule 41 dismissal in Colorado?

What is the rule 29 in Colorado?

What is the rule 9 in Colorado?

What is Rule 5 of appellate procedure in Colorado?

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