Nebraska Motion to Remedy Prosecutorial Abuse

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

A motion in limine may seek to limit the testimony of a witness and restrict what they can testify about. For instance, the state may ask a judge to prevent the defense from asking the accuser in a sexual assault case about prior sexual experiences, unless a judge deems the information relevant. Post Arraignment - Pre-Trial | Nebraska Judicial Branch nebraska.gov ? post-arraignment-pr... nebraska.gov ? post-arraignment-pr...

Procedure: Committee on Inquiry; Counsel for Discipline; Disciplinary Review Board. (A) All allegations of misconduct must be filed with the office of the Counsel for Discipline. All allegations of misconduct received by any other person shall be transmitted forthwith to the Counsel for Discipline.

The motion shall be filed within 7 days after the date of the minute entry submitting the case without oral argument and shall state the reasons for the request. The nonmoving party shall have 7 days after the filing of the motion to respond, at which time the motion shall be submitted to the court for consideration.

(e) Motion for More Definite Statement. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days or within such time as the court may fix, the court may strike the pleading or make such order as it deems just.

(1) A motion shall set forth the relief requested and the grounds therefor. (2) A response shall be filed within 10 days of the filing of the motion. Any response by a party shall respond to the motion of the moving party and not to a response filed by another party.

The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days. Nebraska Discovery Law - Evidence - USLegal uslegal.com ? discovery ? nebraska-disc... uslegal.com ? discovery ? nebraska-disc...

25-1332. Motion for summary judgment; proceedings. The judgment sought shall be rendered forthwith if the pleadings and the evidence admitted at the hearing show that there is no genuine dispute as to any material fact and that the moving party is entitled to a judgment as a matter of law. summary judgment motion - Nebraska Legislature Nebraska Legislature (.gov) ? laws ? statutes Nebraska Legislature (.gov) ? laws ? statutes

An action may be dismissed without prejudice to a future action (1) by the plaintiff, before the final submission of the case to the jury, or to the court where the trial is by the court; (2) by the court where the plaintiff fails to appear at the trial; (3) by the court for want of necessary parties; (4) by the court ... View Statute 25-601 - Nebraska Legislature nebraskalegislature.gov ? laws ? statutes nebraskalegislature.gov ? laws ? statutes

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Nebraska Motion to Remedy Prosecutorial Abuse