People's Legal Front

E MAIL ADDRESS:


Name of Court:

State:

Plaintiff:

Plaintif Attorney,

Defendant:

Defendant Attorney,

Case Number:

Motion Title:

The Jurisdiction of the Court is bestowed upon the court by some statute or some rule of the court.
COMES NOW Robin C. McDermott, defendant, pursuant to Rule 24.04 (b) 2 Missouri Supreme Court Rules and objects to the information in the above present cause due to the patent failure of the information to declare with specificity the charge against which defendant is to defend.

Here is where you put your argument.
The Court is directed to defendant's Motion to Compel in which, among other items, motion to compel item (5) a Bill of Particulars which defendant first asked for on 3/30/98, was overruled on 4/21/98. Defendant is presented with an information and affidavit signed by Johnny J. Burgess, Assistant Prosecuting Attorney, charging a violation of Section 565.083 RSMo but does not cite which of the subsections defendant is alleged to have violated. City of Clinton vs. Kammerick 642 sw 2nd 353, 355 [1]. State of Missouri vs. McGuire 924 SW 2nd 38, 40 [1]. State of Missouri vs. Jones 892 SW 2nd 737, 740, [6-8].

This where you tell the court what you want the court to do.

WHEREFORE, defendant asks this court cause the dismissal of any further proceeding against defendant on this patently defective information. Defendant realizes that the State of Missouri is free to pursue prosecution of defendant on a valid information.

Respectfully Submitted,

CERTIFICATE OF SERVICE

I hereby certify this pleading was served upon all attorneys of record for each of the parties to this action and All parties not represented by counsel, in the following manner:
___ By delivering a copy to him/her;
___ By leaving a copy at his/her office with the clerk;
___ By leaving a copy at his/her office with an attorney associated with him/her;
___ By mailing a copy to him/her, as prescribed by law;
___ By faxing a copy to him/her.

NOTICE OF HEARING

The foregoing pleading will be called for hearing before the court on at 1 pm or as soon thereafter as petitioner may be heard. So noticed: _______________________________

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