Defendant moves the court to quash the indictment against him/her. Defendant argues that the indictment fails to supply required information, and the indictment is also vague and ambiguous and does not apprise the defendant of the charge against him/her with sufficient specificity to permit adequate preparation of a defense.
North Dakota Motion to Quash Indictment
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FAQ
Under Rule 4(B) of the rules of criminal procedure, the defendant has the right to request an early trial. Any defendant held in jail on an indictment or a probable cause affidavit who requests an early trial must be discharged if the trial does not begin within 70 days of that request.
The indictment or information must be a plain, concise, and definite written statement of the essential facts constituting the offense charged and must be signed by an attorney for the government. It need not contain a formal introduction or conclusion.
The right to a trial within a reasonable time is enshrined in provision 11(b) of the Charter and forms an important foundation that is central to Canada's justice system. The Supreme Court of Canada's landmark decision R v Jordan (2016 SCC 27) addresses 11(b) rights and associated trial delays.
(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.
29-19-02. Right to speedy trial. The right to a speedy trial in a criminal case in which the charging instrument contains a charge of a felony offense under section 19-03.1-23 or under chapter 12.1-20 is for the trial to begin within ninety days of the date the party elects this right.
Generally, Rule 7(c)(1) of the Federal Rules of Criminal Procedure requires an indictment to provide "a plain, concise and definite written statement of the essential facts constituting the offense charged." United States v. Yefsky, 994 F.
Rule 11.09Trial Date (b) A defendant must be tried as soon as possible after entry of a plea other than guilty. On demand of any party after entry of such plea, the trial must start within 60 days unless the court finds good cause for a later trial date.
In Montana,200 days must pass between the date the defendant becomes an accused and the date of the trial before a speedytrial analysis is conducted.