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What is included in a motion to dismiss?

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Quick Answer

A motion to dismiss includes a proof that the evidence against the defendant is not enough to accuse the him and a proof that the case is based on falsehood instead of facts, meaning the defendant should not go on trial, according to Legal Match. Documents that may back the motion include depositions, police reports and affidavits. For the documents to be admissible in a court of law, the defendant must swear an oath to them.

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Full Answer

A motion to dismiss is a type of pretrial motion that a defendant files requesting the court not allow the case proceed to trial, notes Legal Match. One reason for the request may be that the prosecution failed to follow the right procedure in filing the case, including filing the case outside the time frame when it would have been appropriate to prosecute the defendant. Filing the case in a court that does not have the authority to determine the case is another reason why the defendant may file the motion. For the motion to be valid, the defendant must file it within the time period that the court requires. Additionally, the defendant must file the motion in writing.

After filing a motion to dismiss, the court allows the prosecution to respond to the motion, reports Legal Match. In case the prosecution proves that a factual dispute exists, the court denies the defendant's request to dismiss the case by allowing the case to proceed to trial.

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