The following form is a Motion 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.
The following form is a Motion 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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Insufficient evidence is the evidence which fails to meet the burden of proof and is inadequate to prove a fact.
Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it. 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.
Grounds of and period for filing motion for reconsideration. Within the period for taking an appeal, the aggrieved party may move for reconsideration upon the grounds that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.
The Motion to Dismiss on grounds of the accused not having been brought to trial within the time limit, shall be filed by the Public Attorney prior to trial or entry of a plea of guilty, otherwise, the said failure to so move shall constitute a waiver of the right to dismissal under Section 13, R.A. 8493.
The present rules allow the filing of a Motion to Dismiss on the basis of (a) lack of jurisdiction over the person of the defendant; (b) lack of jurisdiction over the subject matter; (c) improper venue; (d) lack of capacity to sue; (e) pendency of action between the same parties for the same cause; (f) cause of action ...