![]() ![]() Most judges require you to select a hearing date so they can listen to arguments about the motion from. CHECKLIST: HOW TO PREPARE A MOTION Chose a hearing date. The Committee entertains the view that on motion under Rule 12(b)(6) to dismiss for failure of the complaint to state a good claim, the trial court should have authority to permit the introduction of extraneous matter, such as may be offered on a motion for summary judgment, and if it does not exclude such matter the motion should then be. Defendants/Juveniles motion for dismissal is granted in part with without prejudice and the following charge(s) is/are dismissed: 4. Where the defendant styles a motion to dismiss as a motion for judgment of acquittal after the state’s case, the court errs in dismissing the case. If you want to file a Motion to Dismiss the Complaint, Motion to Compel Discovery, or a Motion for Summary Judgment, visit a Legal Help Center for templates for those specific Motions. ![]() ![]() A court may conclude that a defendant’s mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendant’s mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendant’s mental illness substantially contributed to the defendant’s involvement in the commission of the offense. A motion attacking the sufficiency of an information is properly raised pretrial in a motion under rule 3.190(b), and failure to raise the issue pretrial waives the argument. PC 1385(c)(5): For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia. ![]()
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