Motion offender 405 form 2025

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Making an Order to Show Cause For example, the OSC can ask the Judge to stop an eviction until the court date. This is called a stay. The OSC is given to the court for a Judge to review and sign. If the Judge signs it, the Judge picks the court date and fills it in on the OSC.
In General. An Order to Show Cause is way to present to a judge the reasons why the court should order relief to a party.
In New York, this type of substitute motion is called an Order to Show Cause. An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced theres a real emergency.
An Order to Show Cause is used for temporary relief in a family law case, but is obtained very differently than an ordinary motion and has a very different procedure. An Order to Show Cause is one that is filed in order to obtain emergency relief.
When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge, and so the case should not proceed to trial. When a judge decides a motion to dismiss, they are not determining the defendants guilt or innocence. They look at the legal validity of the charge itself.
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What is a criminal motion. A criminal motion is an application to the General Division of the High Court or Court of Appeal by the accused or prosecution in a criminal case. Criminal motions can cover a variety of applications. Common types of criminal motions include: Bail pending trial or appeal.
A Motion to Suppress is a tool used to exclude evidence that was unlawfully obtained in violation of the defendants constitutional rights. Depending on the circumstances, a defendant can move to exclude tangible and physical evidence, statements and confessions, and eyewitness identifications of the defendant.
You must appear in court ready to present your arguments on the return date (or adjourned date) of the motion or order to show cause. Opposition papers must be served by the date specified in the Notice of Motion or Order to Show Cause.

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