Idaho Stipulation for Dismissal

State:
Multi-State
Control #:
US-01600
Format:
Word; 
Rich Text
Instant download

Description

This form is a Stipulation of Dismissal, without prejudice. Used by a plaintiff to dismiss a complaint previously filed. Plaintiff may desire to re-file complaint alleging other matters, or may dismiss in compliance with a settlement agreement.

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FAQ

In any felony or misdemeanor criminal action, excluding actions before drug courts or mental health courts, any party may disqualify one judge by filing a motion for disqualification without stating any grounds, and the motion must be granted if timely filed.

Within 120 days of the entry of the judgment imposing sentence or order releasing retained jurisdiction, a motion may be filed to correct a sentence that has been imposed in an illegal manner or to reduce a sentence and the court may correct or reduce the sentence.

After giving any notice it considers appropriate, the court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.

If you have filed a petition or complaint in a civil proceeding which you no longer wish to pursue, Rule 41(a)(1) of the Idaho Rules of Civil Procedure explains how you can voluntarily dismiss the case. Rule 41(a)(1). Dismissal of actions ? Voluntary Dismissal - By the Plaintiff - (A) Without a Court Order.

(c) Withdrawal of Plea of Guilty. A motion to withdraw a plea of guilty may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice the court may set aside the judgment of conviction after sentence and may permit the defendant to withdraw a plea of guilty.

Idaho Misdemeanor Criminal Rule 3. Citable Offenses - Methods of Initiating Prosecution - Trial - Consolidation. (a) Charging a citable offense. A person may be charged and brought before a court for any citable offense upon the filing of an Idaho Uniform Citation as provided by these rules.

An order for dismissal is a bar to any other prosecution for the same offense if it is a misdemeanor, unless the order of dismissal is due to the defendant's agreement to participate in a diversion program pursuant to Idaho Code § 19-3509, in which case the action may be refiled for failure to complete the diversion ...

Any motion for a new trial grounded on any reason other than newly discovered evidence must be filed within 14 days after the verdict, finding of guilty, or imposition of sentence, or within any further time the court may set during the 14-day period.

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Idaho Stipulation for Dismissal