david9041

Defective Motion

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Defective Motion

What law or rule would I use to get a motion dismissed ? This motion contains false statements that I can show as false , I thought I read somewhere that if any part of a motion is false the entire motion must be considered false ?

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it seems to me that you would just respond to their motion like you would any other time.......just like they respond to your motions.

in your response is where you state your concerns and attach exhibits showing the "lies".

any special way of quashing a motion would be news to me.

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This might help ...I've used it here in florida for similar motions like yours.

http://www.ninthcircuit.org/news/High-Profile-Cases/Anthony/Downloads/Motion%20to%20Dismiss%20Defective%20Indictment%209-29-2010.pdf

As to case law...they are FL and might help you.

Aslo see...another FL case

http://www.pcrm.org/news/downloads/Brief_in_Opposition.pdf

Edited by FL4answer58
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