A court may, on proper application, permit a party in the possession of money (or other valuable item capable of delivery) to deposit the money in court for various reasons including:
" to relieve the depositor of the responsibility of the funds;
" to avoid placing one party at a severe advantage during the period of litigation; and
" to preserve the funds in controversy to ensure that the prevailing party may receive the money it is awarded.
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A Rule 11 plea agreement is a "binding" plea agreement. It is an agreement entered into by the parties for a certain sentence if the defendant pleads guilty to a specific criminal charge. A plea agreement under this rule binds the court to the terms of the agreement.
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.
Rule 32. Records of the judicial department - Examination and copying · Exemption from and limitations on disclosure. (a) Statement of Policy. This rule is adopted pursuant to the Supreme Court's authority to control access to court records, as recognized in the Idaho Public Records Act, I.C.
Idaho Appellate Rule 111. Argument by Telephone Conference Call. Oral argument to the Court of Appeals may be held by telephone conference call of all members of the court, all attorneys for the parties and the clerk by stipulation of all parties and approval by the court.
A Rule 35 motion can be filed to correct an illegally imposed sentence (for example, if a judge imposed 2 years of imprisonment for a misdemeanor, the request would be to correct that illegally imposed sentence because at most a defendant can only be. sentenced to one year for a misdemeanor) or to request a court to.
The prosecutor is allowed to be present and argue for or against granting the motion to withdraw the plea. At a motion to withdraw a guilty plea, the defendant attempting to withdraw their guilty plea has the burden of showing either a ?just cause or excusable neglect? or ?manifest injustice.?
Before sentencing, most jurisdictions allow a defendant to withdraw a guilty plea ?for any reason or no reason.? The defendant must demonstrate to the court that the plea was not knowing, voluntary, and intelligent.
Idaho Court Administrative Rule 71. Exhibits. Storage and handling of exhibits shall be carried out using the following procedures; except as otherwise ordered by the Court: (a) All exhibits must be individually tagged with the proper exhibit tag, properly completed and securely attached to the exhibit.
