Puerto Rico Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute

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State:
Multi-State
Control #:
US-01851BG
Format:
Word; 
Rich Text
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Description

This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute
  • Preview Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute
  • Preview Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute

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FAQ

15(a) provides: A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served . . .. Otherwise, a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.

Upon a defendant's request, the government must disclose to the defendant the substance of any relevant oral statement made by the defendant, before or after arrest, in response to interrogation by a person the defendant knew was a government agent if the government intends to use the statement at trial.

With respect to Rule 15(c)(1), California law allows a plaintiff who is ignorant of the name of a defendant at the time suit is filed to use a fictitious name and then later amend when the defendant's true name is discovered.

The court must decide every pretrial motion before trial unless it finds good cause to defer a ruling. The court must not defer ruling on a pretrial motion if the deferral will adversely affect a party's right to appeal.

Rule 15 authorizes the taking of depositions by the government. Under former rule 15 only a defendant was authorized to take a deposition. The revision is similar to Title VI of the Organized Crime Control Act of 1970. The principal difference is that Title VI ( 18 U.S.C.

Joint Trial of Separate Cases. The court may order that separate cases be tried together as though brought in a single indictment or information if all offenses and all defendants could have been joined in a single indictment or information.

(1) An application to enforce an agency order must be filed with the clerk of a court of appeals authorized to enforce the order. If a petition is filed to review an agency order that the court may enforce, a party opposing the petition may file a cross-application for enforcement.

Paragraph (2) establishes page limits; twenty pages for a motion or a response, and ten pages for a reply.

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Puerto Rico Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute