Missouri Motion to Remedy Prosecutorial Abuse

Category:
State:
Multi-State
Control #:
US-00810
Format:
Word; 
Rich Text
Instant download

Description

This form is a detailed sample motion to remedy prosecutorial misconduct related to published remarks of a prosecutor. Defendant requests various sanctions against prosecutor including his recusal. Citing state and federal law, as well as rules of professional conduct for support. Adapt to fit your circumstances.
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FAQ

Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.

A defendant shall file an answer within thirty days after the service of the summons and petition, except where service by mail is had, in which event a defendant shall file an answer within thirty days after the acknowledgment of receipt of summons and petition or return registered or certified mail receipt is filed ...

55.01. No other pleading shall be required except as ordered by the court.

55.19. In actions for such damages based upon an alleged tort, no dollar amount or figure shall be included in the demand, but the prayer shall be for such damages as are fair and reasonable.

55.34. (a) If a case removed to federal court is remanded to a court of this state, the date of the remand order is deemed the date of service for determining when a pleading shall be filed or an action taken.

Grounds. A Rule 12(b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19.

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Missouri Motion to Remedy Prosecutorial Abuse