Motion to dismiss?

Asked by patWordSmythe {710}
http://wordsmyth.blogspot.com
4/25/2010 3:02:12 PM

I'm going to be covering a trial in the coming weeks in which there's a lot of talk about the defense attorney planning to file a motion to dismiss. What happens if the judge grants the motion to dismiss during a jury trial?

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Answered by jane71RPR {510}
4/25/2010 7:37:19 PM

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The defense will file a motion to dismiss before they start to mount a defense if they don't feel that the prosecution has been able to prove a case against their client. Dismissals can be granted with or without prejudice. A dismissal without prejudice opens the door to the prosecution finding additional evidence and filing charges again - in which case the notes that you took as a court reporter during depositions or the trial itself may be necessary as evidence if charges are filed once again. On the other hand, a dismissal with prejudice means that the case ends just as it would if the trial were completed and a verdict rendered. Your notes in this case would be the same as they would for any other completed trial.


Answered by mary C {483}
4/25/2010 8:08:35 PM

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In either case - whether there is a dismissal with prejudice or a dismissal without prejudice - you'll find that, for all intents and purposes, the trial is over. Prepare the transcript and store your notes as you otherwise would. As the previous commenter said, if the case may be brought again, it's definitely a good idea to make sure that you know where your notes are and that you're able to access them easily just to simplify the process of making them available.


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