What constitutes a motion to Dismiss Due to the denial of a right to a speedy trial?
146927
what has to happen is that for some reason your trial is postphoned for different reasons that have nothing to do with you or your lawyer,for example, sickness,gathering evidence or witnesses, lack of a courtroom,or judge ,this is what your lawyer must file and it usually gets filed after the third postphonement that you are ready for trial.also it has to due with due process meaning that from the time you were offically charged with a crime the state has 180 days/6months to bring you to trial for your crime
450792
Dismisal for furtherince of justice.  Meaning the case has been dismissed.
672671
When a judge withhold adjudication, it means that he does not enter a final judgement (guilty or not). Assuming you complete whatever requirements the judge set forth when he withheld adjudication, the case will be dismissed without an actual conviction. This allows you to avoid many of the problem associated with conviction, such as losing the right to vote (at least in some states) or have firearms, etc.
1108860
that means there has been a decision made against you.  whatever the judgment may be, it is a decision made by the judge (and sometimes jury) that you are at fault.  usually it results in an awarding of money for the other party - to be paid by you.  a motion for consideration is what you file when you want the judge to consider a point.  they are filed on any number of issues and without more info, i wouldn't be able to tell you what the judge was being asked to review.
1039451
The only way to quash a deposition subpoena in California is to file a motion to quash pursuant to CCP § 1987.1.\n\n1987.1 provides in pertinent part\n"When a subpoena requires the attendance of a witness or the production of books, documents or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by the party, the witness, or any consumer described in Section 1985.3, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon such terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the parties, the witness, or the consumer from unreasonable or oppressive demands including unreasonable violations of a witness’s or consumer's right of privacy."\n\nIt sounds to me like you're short on time in which case you can file the motion after filing an ex parte application to have the matter heard on shortened time.  This is a somewhat complicated process for a layperson but a matter of course for a lawyer.  Find one.  Get him/her to file the necessary motions on your behalf.\n\nAnother option, already suggested, is to contact that attorney who seeks your deposition and ask to reschedule while you try to obtain counsel through your insurance carrier.  Any reasonable attorney will make necessary accommodations to you.\n\nFinally, the last option, after you've spoken with the deposing attorney, is to not show up.  This is dangerous as it could open you up to sanctions.  However, if you document your conversations with the deposing attorney and can show the court that s/he refused to make reasonable scheduling concessions, then the court is less likely to sanction you for not appearing.\n\nPlease keep in mind that this response is for informational purposes only. I highly suggest you speak with your own attorney (or the hospital's attorney) so that you can properly decide what to do.
461205
You can file a motion for dismissal on the grounds that the defendant's right to due process has been violated, but this is something that is really best left to an attorney.\n\nIt is extremely rare that a motion for dismissal filed by someone representing him/herself is successful.
1174022
Unlike due process, there is no statute of limitations on appeals.  The reason is you are not on trial here, the lawyers are.
428945
A motion to dismiss for failure to state a claim is when the facts you allege in your complaint don't provide for a remedy at law, meaning the courts can not grant you a remedy b/c you have not shown by the facts stated that the other party was negligent, or that they breached any contract.\n\nWhat do you mean the car was dropped off and stoley after repairs were made, yet the repair shop did not talk to the care owner.  The facts are ambiguous and could be why the complaint does not state a claim.\n\nRead over the facts as presented in the complaint to make certain the story makes sense for the wrongs you are alleging.
622084
file a request for dismissal\nthis is the CA judicial council form...\n\nhttp://www.courtinfo.ca.gov/forms/documents/982a5.pdf\n\nyou can also pick one up at your local superior court.\n\nyou can only file this if you were the petitioner (protected person) in the case.
681322
It varies by jurisdiction, each state has its own set of rules.  It also varies if the defendant is in jail or is out on bail.  \nGenerally, if the defendant is in jail, trial is usually set within three or four weeks (again some states have shorter time limits and some have longer).  If the defendant is out on bail, trial is usually set from a month to two months out.\nHOWEVER, the defendant can waive the right to a speedy trial.  Defendants will do this for any number of reasons, the most common being: Their attorney needs time to file motions to suppress evidence, their attorney needs time to prepare (or just does not have any free space on his or her calendar for a month or two, or three), waiting may result in witnesses not being as anxious to show up in court, etc.\nIn some jurisdictions, the DA can request that the court move the trial past the speedy trial deadline.  DA may request this if the investigation is still going on and other defendants may be indicted.  In some instances, the Courts have been so backlogged that cased just couldn't get tried in time.\nIn general, in the celebrated cases, the Defendant has wanted the trial postponed, not the DA.
397235
Your question needs clarification.  What were you suing the prosecutors office (the D.A.'s office?) for?\n\nIf you were charged with a crime, it was not a civil suit.  If you are scheduled to appear in court on a criminal matter, and you fail to appear, even if you have agreed with the prosecutor to dismiss the charges, you have just added another misdemeanor.  You've breached the agreement with the prosecutor, and they can pursue both the original charge and the failure to appear charge.\n\nIf you missed an appearance in the civil suit, generally you wont be charged with the failure to appear, but the court may sanction you, and if it was wilful or for an important appearance, the court might dismiss your suit.\n\nDespite all this, it is hard to answer your question because it is not clear what term you are looking for.
391891
Neither constitutional law nor state court eviction proceedings are my bag, but here's a suggested area to look at from what I gathered.  \n\nUSC 28.89.1443 discusses removal of civil rights issues from state court to federal court.  Technically, you aren't asking for removal.  However, it sounds like the fed courts are treating the eviction proceeding as a closed state decision and, thus, your counterclaim (ie - your filing) is precluded. I don't remember the specific statute, civ pro rule or case, but federal questions can be raised at any time.  If the violation encompasses a federal question, I'd go back and essentially say 'ok, so this is a removal request because a federal question of jurisdiction over a civil rights matter that I am claiming on exists.' There might be a case under USC 28.89.1443 to support it such a removal request.  \n\nWith no knowledge of the actual complaint, opinion, etc to examine arguments, this is about all I can think of.  Best of luck.
587543
The only way to avoid a trial would be if you were to plead guilty. even when there are so many "witnesses, it is your right to br tried in a court of law to find you guilty or not guilty.
234676
It depends on the kind of dismissal that took place, whether the court dismissed with or without prejudice.  Also, it depends on whether a time limit or waiting period is in effect before you can reapply.  Contact the court that dismissed the order and ask them.
1142620
First of all, never never quit.  Look carefully at the reason given for denial, and then take it step by step building all your evidence that will support your position.  When you have everything in order, then resubmit your claim because you will receive benefits for which you are entitled.  That is the law, and no one representative has the power to deny you what is right.
77723
A person qualifies for a motion to reopen on two main points-\n1. He/She did not receive proper notice of the hearing.\n2. There is new evidence that would make the order of deportation null and void.  i.e. someone who is being deported based upon a criminal conviction and that conviction was overturned.
423250
Michigan Court Rules: \nUnless otherwise specified by these rules, a judgment of conviction and sentence entered by the circuit court or the Recorder's Court for the City of Detroit not subject to appellate review under subchapters 7.200 or 7.300 may be reviewed only in accordance with the provisions of this subchapter.\n\nThe subsection defines different motions that can be filed with the court, and also the right to counsel.\n\nAs for the adequacy of representation, I couldn't find a direct definition. I did find Michgan Court Rule 6.508(D). Rule 6.508(D)(3)(b) (below) talks about an irregularity that prejudices the outcome. That would mean that there is an error, other than a jurisdictional error since those are specficially excluded, that causes the court to make a ruling that it wouldn't make without the error. So, you'd have to show a mistake that changed the outcome of the procedure.\n\nAs the other poster said, these are questions best addressed by a lawyer. If you require help, I'd suggest contacting the Michigan bar or your local public defender or legal aid for assistance.\n\n"(D) Entitlement to Relief. The defendant has the burden of establishing entitlement to the relief requested. The court may not grant relief to the defendant if the motion\n\n(1) seeks relief from a judgment of conviction and sentence that still is subject to challenge on appeal pursuant to subchapter 7.200 or subchapter 7.300;\n\n(2) alleges grounds for relief which were decided against the defendant in a prior appeal or proceeding under this subchapter, unless the defendant establishes that a retroactive change in the law has undermined the prior decision;\n\n(3) alleges grounds for relief, other than jurisdictional defects, which could have been raised on appeal from the conviction and sentence or in a prior motion under this subchapter, unless the defendant demonstrates\n\n(a) good cause for failure to raise such grounds on appeal or in the prior motion, and\n\n(b) actual prejudice from the alleged irregularities that support the claim for relief. As used in this subrule, "actual prejudice" means that,\n\n(i) in a conviction following a trial, but for the alleged error, the defendant would have had a reasonably likely chance of acquittal;\n\n(ii) in a conviction entered on a plea of guilty, guilty but mentally ill, or nolo contendere, the defect in the proceedings was such that it renders the plea an involuntary one to a degree that it would be manifestly unjust to allow the conviction to stand;\n\n(iii) in any case, the irregularity was so offensive to the maintenance of a sound judicial process that the conviction should not be allowed to stand \nregardless of its effect on the outcome of the case;\n\n(iv) in the case of a challenge to the sentence, the sentence is invalid."