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What is the rule for motion to dismiss in Indiana?

(d) The motion to dismiss shall be granted if the court finds that the person filing the motion has proven, by a preponderance of the evidence, that the act upon which the claim is based is a lawful act in furtherance of the persons right of petition or free speech under the Constitution of the United States or the

How long does a judge have to answer a motion in Indiana?

In the event a court fails for thirty (30) days to set a motion for hearing or fails to rule on a motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is required, upon application by an interested party, the submission of the cause may be withdrawn from the trial

What is the lazy judge rule in Indiana?

Whenever a cause (including for this purpose a petition for post conviction relief has been tried to the court and taken under advisement by the judge, and the judge fails to determine any issue of law or fact within ninety (90) days, the submission of all the pending issues and the cause may be withdrawn from the

What is the rule 26 in Indiana?

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

What happens at an initial hearing in Indiana?

Initial hearings in Indiana are governed by Indiana Code 35-33-7-1. Initial hearings are meant to serve as a first stop for a defendant, to advise them of their rights, and give them the opportunity to formally enter a plea.

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