Can a defendant file a motion to dismiss?

A defendant making a motion to dismiss must do so before filing an answer or other responsive pleading, and the motion is generally due when the defendant's answer would have been due (see FRCP 12(b)). Defendants may move to dismiss on the following grounds: Lack of subject matter jurisdiction (FRCP 12(b)(1)).

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New York Application To Restore Case Adjourned In Contemplation of...

Queens New York Application To Restore Case Adjourned In Contemplation of Dismissal To Calendar

Name: Queens New York Application To Restore Case Adjourned In Contemplation of Dismissal To Calendar
Brand: US Legal Forms
Rating: 4.83 (274 reviews)

Category:

New York Family Law - Statewide - Child Protection

State:

New York

County:

Queens

Control #:

NY-10-8-A

Format:

Instant download

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This form is an official State of New York Family Court sample form, a detailed Application to Restore to Calendar - Adjourned in Contemplation of Dismissal to Calendar. Title: Understanding Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal to Calendar Introduction: Queens, New York, offers a legal process known as the Application to Restore to Calendar — Adjourned in Contemplation of Dismissal (ACD). This application enables individuals facing criminal charges to potentially have their cases dismissed, provided they meet certain requirements. In this article, we will provide a detailed description of the Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal to Calendar, highlighting its various types and important keywords to navigate the topic effectively. 1. Definition and Purpose: The Application to Restore to Calendar — Adjourned in Contemplation of Dismissal is a legal process available in Queens, New York, wherein individuals with pending criminal charges can request to have their cases restored to the court calendar for consideration of dismissal. The purpose of this application is to provide eligible offenders an opportunity to demonstrate rehabilitation and have their charges ultimately dismissed, resulting in a clean legal record. 2. Eligibility for the Application: To be eligible for the Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal, several criteria must be met. These may vary depending on the type of offense, but common requirements include: a. No new arrests during the adjournment period. b. Completion of mandated programs or community service. c. Compliance with court-mandated conditions. d. Having no prior felony convictions. 3. Types of Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal: There may be different types of ACD applications available based on the specific circumstances. Some common types include: a. Regular ACD: This applies to individuals who meet the general eligibility criteria and can apply for a dismissal after successfully complying with the conditions set by the court. b. Marijuana ACD: Pertains to cases involving possession or use of marijuana, where applicants may have to attend educational programs or counseling sessions instead of facing criminal charges. c. Youth ACD: Exclusive for offenders under the age of 16, this type focuses on providing rehabilitative services and guidance aimed at preventing recidivism. 4. Interest in Applying for ACD: Individuals interested in applying for the Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal must follow specific steps. These typically involve: a. Consulting with an attorney to assess eligibility and understand the process better. b. Gathering supporting evidence such as completion certificates for mandated programs or community service. c. Filing the necessary paperwork with the appropriate court within the designated time frame. d. Attending scheduled court hearings and complying with any conditions while awaiting the court's decision. Conclusion: The Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal to Calendar provides individuals facing criminal charges a chance to have their cases dismissed, resulting in a clean legal record. By understanding the eligibility criteria and following the proper application procedure, eligible offenders can benefit from this legal process and work towards a positive outcome in their legal proceedings.

Title: Understanding Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal to Calendar Introduction: Queens, New York, offers a legal process known as the Application to Restore to Calendar — Adjourned in Contemplation of Dismissal (ACD). This application enables individuals facing criminal charges to potentially have their cases dismissed, provided they meet certain requirements. In this article, we will provide a detailed description of the Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal to Calendar, highlighting its various types and important keywords to navigate the topic effectively. 1. Definition and Purpose: The Application to Restore to Calendar — Adjourned in Contemplation of Dismissal is a legal process available in Queens, New York, wherein individuals with pending criminal charges can request to have their cases restored to the court calendar for consideration of dismissal. The purpose of this application is to provide eligible offenders an opportunity to demonstrate rehabilitation and have their charges ultimately dismissed, resulting in a clean legal record. 2. Eligibility for the Application: To be eligible for the Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal, several criteria must be met. These may vary depending on the type of offense, but common requirements include: a. No new arrests during the adjournment period. b. Completion of mandated programs or community service. c. Compliance with court-mandated conditions. d. Having no prior felony convictions. 3. Types of Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal: There may be different types of ACD applications available based on the specific circumstances. Some common types include: a. Regular ACD: This applies to individuals who meet the general eligibility criteria and can apply for a dismissal after successfully complying with the conditions set by the court. b. Marijuana ACD: Pertains to cases involving possession or use of marijuana, where applicants may have to attend educational programs or counseling sessions instead of facing criminal charges. c. Youth ACD: Exclusive for offenders under the age of 16, this type focuses on providing rehabilitative services and guidance aimed at preventing recidivism. 4. Interest in Applying for ACD: Individuals interested in applying for the Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal must follow specific steps. These typically involve: a. Consulting with an attorney to assess eligibility and understand the process better. b. Gathering supporting evidence such as completion certificates for mandated programs or community service. c. Filing the necessary paperwork with the appropriate court within the designated time frame. d. Attending scheduled court hearings and complying with any conditions while awaiting the court's decision. Conclusion: The Queens New York Application to Restore to Calendar — Adjourned in Contemplation of Dismissal to Calendar provides individuals facing criminal charges a chance to have their cases dismissed, resulting in a clean legal record. By understanding the eligibility criteria and following the proper application procedure, eligible offenders can benefit from this legal process and work towards a positive outcome in their legal proceedings.

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How to fill out Queens New York Application To Restore Case Adjourned In Contemplation Of Dismissal To Calendar?

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FAQ

If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

If the motion is denied, the defendant can appeal the master's order to a judge, but an appeal from a judge's order can only be brought with leave of another judge to the Divisional Court. (Orders permitting actions to continue are considered ?interlocutory? in the sense that nothing is finally decided.

Under CPC, order 17, no adjournment can be considered more than three times. Adjournment can be requested anytime and by any party, if the reason is written in the court of law.

A timely motion to dismiss pursuant to CPLR §3211(a) extends the Defendant's time to serve the answer until ten (10) days after an order issued by the court in regard to the motion has been entered and notice of entry has been provided.

You are entitled to one adjournment of at least 14 days. If it is an emergency and you cannot appear yourself to request the adjournment, but wish to send someone on your behalf, you must give that person written authorization to make the request for you. That person must bring the written authorization to the court.

An adjournment means that the court will deal with your case at a later date. If you plead not guilty, your case will normally be adjourned for 6 weeks to allow police to provide the 'brief of evidence', which is the material they rely on to support their case against you.

The reasons can be as follows: Adjournment can be requested when each of the parties requires more time for preparation. In order to collect more data under the court's observation. In the case of absence of legal representation. Absence of sufficient evidence or witness.

A defendant making a motion to dismiss must do so before filing an answer or other responsive pleading, and the motion is generally due when the defendant's answer would have been due (see FRCP 12(b)). Defendants may move to dismiss on the following grounds: Lack of subject matter jurisdiction (FRCP 12(b)(1)).

/??d???n.m?nt/ a pause or rest during a formal meeting or trial, or the act of giving a pause or rest: The defense attorney requested an adjournment. The court's adjournment means that a decision will not be reached until December at the earliest. See.

(CPLR 3211(e).) If the defendant asserts improper service of process as an affirmative defense in its answer, it must move to dismiss on that ground within 60 days after service of the answer, unless the court extends the time (CPLR 3211(e); see also Special Rules for Lack of Personal and In Rem Jurisdiction).

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DANIEL D. LEDDY, JR., J. On May 13, 1987, the instant juvenile delinquency proceeding was adjourned in contemplation of dismissal (A. DUANE ANTHONY ANTIS, from the New York Supreme Court, 06-11-1990.Alleged failure to renew registration for a residential PBS facility located in New York, New York County. Thomas F. Whelan of Supreme. Matter was placed on the Court's calendar for April 29, 2021 (NYSCEF Doc. By letter dated July 24, 2020, the People moved to restore the case to the calendar.

The People allege that the alleged failure to renew was a result of the court's decision to not grant the People's application for the court's entry as a party to the proceedings. The People further allege that the failure to renew was a direct consequence of the People's filing for a continuance. At this hearing, on further examination as to any evidence presented, the court determined the parties were irreconcilable with respect to the issue or issues of fact, and ordered the case remanded for the filing of a proposed order, and hearing on that matter. The trial court held at its September 22, 2000, hearing the parties will meet on or soon thereafter for a scheduled hearing on the court's application for entry of a proposed order. Plaintiffs filed a brief at this time. The People shall file a brief in opposition to the parties' brief to be filed on behalf of the People at the hearing. Plaintiffs filed a motion to withdraw their brief on October 23, 2000.

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Queens New York Application To Restore Case Adjourned In Contemplation of Dismissal To Calendar

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