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Procedural Requirements With a Motion for Appropriate Relief The defendant must file the Motion in the district court that originally indicted the defendant with a North Carolina criminal charge. The court clerk will put the matter on the court calendar and the senior judge will assign the motion to a trial judge.
Filing the documents THERE IS A $30.00 FEE FOR SERVICE FROM THE SHERIFF'S DEPARTMENT. 1) After you have completed the forms, have them notarized (before coming to the courthouse) and make 2 copies. 2) Take these documents to the Clerk of Superior Court to be filed.
North Carolina allows defendants to file Motions of Appropriate Relief when injustices have been done during the criminal proceeding. Defendants can ask the court to order a new trial or vacate their convictions in a Motion for Appropriate Relief.
A Motion for Appropriate Relief, or ?MAR? is a motion made to correct errors made during a criminal trial or proceeding. MAR's are created by North Carolina Statute § 15A-1420 and allow a convicted criminal to challenge the legitimacy of his or her conviction.
A motion for appropriate relief (MAR) is a motion made after judgment to correct any errors that occurred before, during, or after a criminal trial or proceeding, including errors related to the entry of a guilty plea.
An MAR must be in writing (unless it is made orally, in open court, before the ruling judge, and within 10 days of judgment), state the grounds for the motion, set forth the relief sought, and be timely filed.
Motion to suppress evidence in superior court; procedure. (a) A motion to suppress evidence in superior court made before trial must be in writing and a copy of the motion must be served upon the State. The motion must state the grounds upon which it is made.
(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.
Motion for Appropriate Relief by the Defense Under G.S. 15A-1414, the defendant may file an MAR within 10 days of entry of judgment (even if notice of appeal has already been entered) seeking relief for ?any error? that occurred during the trial.
§ 15A-1411. Motion for appropriate relief. (a) Relief from errors committed in the trial division, or other post-trial relief, may be sought by a motion for appropriate relief. Procedure for the making of the motion is as set out in G.S. 15A-1420.