how long does the prosecuting attorney have to reply to a motion request

by Allene Dickens II 10 min read

You have only 14 days to respond to a regular motion. The time to respond runs from the date the motion was filed. Check the certificate of service, which should be included with the Motion papers. If you need to respond to an Administrative Motion, you have only 4 days. WHO SHOULD USE THIS TEMPLATE

Full Answer

How long does the prosecutor have to respond to a motion?

Aug 30, 2012 · It depends on what was included in your discovery motion. Some things, like witness statements, are to be turned over within 14 days of the request being filed with the court. If you ask for items, like criminal histories that are not included in Alabama's discovery statute, you may have to have a hearing and compel the State to produce the items.

Is there a time limit to respond to a motion to dismiss?

How long does it take for a post trial motion to be denied?

How long do I have to respond to a civil suit?

May 15, 2016 · The Arizona Rules of Criminal Procedure allow 10 days to file a reply to a motion. This is an issue your attorney would be dealing with. He or she will review the grand jury transcripts for issues appropriate for a motion to remand or dismiss. The above is not intended as legal advice. The response does not constitute the creation of an ...

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What is a response to a motion?

A Response or Reply to the Opposing Party's Pleadings is your answer to the opposing party's document filed with the Court. A Response is the initial answering document to a motion while a Reply is an answering documents filed to a Response.

How long do you have to file a response to a motion in California?

Filing deadlines: Motion: sixteen court days before the hearing date. Opposition: nine court days before the hearing date. Optional Reply: five court days before the hearing date.Mar 8, 2016

Is a request the same as a motion?

As verbs the difference between motion and request

is that motion is to gesture indicating a desired movement while request is to express the need or desire for.

Can a motion be made after trial?

If the defendant is convicted, there are several motions that can be filed after the trial is over. Common post-trial motions include: Motion for a New Trial – The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done “if the interest of justice so requires.”

How many days do you have to reply to opposition?

Any reply brief must be served and filed within two court days of service of the opposition papers and may be no longer than 5 pages. The court may set a hearing on the motion at its discretion. The court should issue its decision on the motion within 15 days of the filing of the motion.

How long do you have to give notice for civil motion in California?

Code of Civil Procedure (“CCP”) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.

What types of things do motions ask the court to do?

A motion or order to show cause can be used for many reasons, like:
  • Making one side do what he or she agreed to do;
  • Asking for more time to do what you agreed to do;
  • Fixing mistakes in a Stipulation;
  • Explaining why you missed your court date or didn't file an Answer;
  • Changing the terms of a court order;
Jul 22, 2019

What happens after a motion is filed in court?

When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then “serve” (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.

What is a pending motion?

(Pending refers to a motion placed before the assembly for discussion by the chair.) A main motion is the lowest ranking of all the motions. This means that any secondary motion is discussed and voted on before a pending main motion.

What are the 3 most common post trial motions?

The most common post-trial motions include:

Motion for judgment of acquittal. Motion for a trial order of dismissal. Motion for judgment notwithstanding the verdict.

What are the three most common post trial motions?

There are several different types of post-judgment motions, but the most common are motions for new trial, motions to vacate, and motions to set-aside. Motions for new trial, motions to vacate, and motions to set-aside are the three most common post-judgment motions.

Can a motion be denied?

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.Sep 9, 2019

How long do you have to provide evidence to a jury?

Not less than thirty calendar days prior to jury selection or, in the case of a pretrial evidentiary hearing, not less than three calendar days prior to such hearing, the defendant shall provide the State with copies of or access to (i) all books, papers, documents, photographs, tangible objects, buildings or places which are intended for use by the defendant as evidence at the trial or hearing and (ii) all results or reports of physical or mental examinations, scientific tests or experiments or other reports or statements prepared or conducted by experts which the defendant anticipates calling as a witness at the trial or hearing, as well as a summary of each such expert's qualifications.

What is discovery in court?

(1) Upon request, in misdemeanor and violation-level cases, the prosecuting attorney shall furnish the defendant's attorney, or the defendant, if pro se, with the following: (A) a copy of records of statements or confessions, signed or unsigned , by the defendant, to any law enforcement officer or agent;

How long does a prosecutor have to respond to a motion for vindictive prosecution?

The prosecutor has ten days to respond. You will not likely win a Motion for Vindictive prosecution just because he argued the case to the grand jury and added extra counts. A prosecutor can legally do that. Consult a criminal defense attorney with more questions.#N#More

How long does it take to reply to a grand jury motion in Arizona?

The Arizona Rules of Criminal Procedure allow 10 days to file a reply to a motion. This is an issue your attorney would be dealing with. He or she will review the grand jury transcripts for issues appropriate for a motion to remand or dismiss.

3 attorney answers

Civil Rule 4 (CR 4) deals generally with this. It requires you to serve a copy of your answer - not just file it with the Court - within 20 days of being served. You are supposed to serve your Answer to the Complaint upon the party (usually an attorney) who served the Summons.

Randolph Ian Gordon

In King County Superior Court there is a case schedule that determines what the next step is and the time frame in which it has to be taken. You should have received that with the papers that were served on you in November, if your case is in Superior Court. The trial date will be the final item listed on the case schedule.

Noura Samira Elise Yunker

There may be nothing to respond to. Next step Is preparing the case for trial probably by discovery

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