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Can a defendant file a motion to dismiss in California?

In California state criminal procedure, a motion to dismiss pursuant to Penal Code Section 995 gives the defendant the option of moving a trial court to dismiss their criminal case following a preliminary hearing at which the defendant was held to answer on one or more criminal charges.

What does motion to be relieved as counsel mean?

If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself.

How do I file a motion to be relieved as counsel in California?

A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051).

How do I withdraw as counsel in a criminal case in California?

(c) Withdrawing attorney (1) An attorney may request withdrawal by filing a motion to withdraw. Unless the court orders otherwise, the motion need be served only on the party represented and the attorneys directly affected. (2) The proof of service need not include the address of the party represented.

Is a request for judicial notice a motion?

(a) Judicial notice (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order. (D) Whether the matter to be noticed relates to proceedings occurring after the order or judgment that is the subject of the appeal.

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What is the California Code of Civil Procedure 285?

285. When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party. Until then he must recognize the former attorney. (Repealed and added by Code Amendments 1880, Ch.

What does it mean to be relieved as counsel?

If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself.

How do I file a motion to be relieved as counsel in California?

A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051).

What is the California Code of Civil Procedure 286?

When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action, for whom he was acting as attorney, must, before any further proceedings are had against him, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person.

What is consent under section 284 1?

Section 284 specifies that permission in an action or special proceeding may be obtained in one of two ways: either with consent of the client, by filing a substitution of attorney form, or by a court order, following an application by the client or attorney.

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Can a defendant file a motion to dismiss in California?

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What is the California Code of Civil Procedure 285?

What does it mean to be relieved as counsel?

How do I file a motion to be relieved as counsel in California?

What is the California Code of Civil Procedure 286?

What is consent under section 284 1?

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Can a defendant file a motion to dismiss in California?

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Is a request for judicial notice a motion?

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What is the California Code of Civil Procedure 285?

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What is the California Code of Civil Procedure 286?

What is consent under section 284 1?

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