How to File a Motion to Dismiss

**caliguy** · 11-27-2007, 08:05 PM

Hi,
I have a traffic court date coming up and need to know how to file a Motion to Dismiss for violation of my right to a speedy trial and a Motion to Dismiss for failure to provide Discovery. I am in Santa Barbara county in California.
The clerk at the court said I could request the motions verbally in court, but now I am not sure if she was right. Do I need some form or paperwork?
My trial date is 57 days after my request for "trial de nuvo" and I made the request for delivery with the CHP and have heard nothing back.
My citation was for speeding.

Any help is appreciated, I wish I had found this site earlier.

Caliguy

**Mr. Knowitall** · 11-29-2007, 08:24 AM

You can read the court rules, and try to find motions to dismiss from other cases, to try to present a formal motion to dismiss. It can be tricky the first few times. Whether you raise the motions orally or in writing, make sure to submit the law or other basis for the motion to the court. (Take in print-outs or copies of the relevant statutes, case law, court rules, etc. - one for you, one for each adverse party, and one for the court.)

**caliguy** · 11-29-2007, 09:48 AM

Thank you for the reply, fortunately I did not need anything the CHP officer did not show, therefore case was dismissed.

Cali

**zxd** · 05-20-2008, 06:27 PM

Wow, I searched through the forums and found this thread.

I'm trying to do a motion myself and its in Santa Barbara Superior Court too...

The clerks at the court are really knaving liars who try to lie to you about everything. They don't know anything about law or about courts, so it's not a surprise for them to tell you the wrong info.

I've been reading and researching about how to type up a motion, I have half of it typed up now and I'm doing a little more research. What's sad is that the clerk doesn't allow me to get on the CALENDAR to serve the motion and let the judge hear it. =(

**lwpat** · 05-21-2008, 07:03 AM

You don't serve a motion, you file it with the clerk. Then they set a date for it to be heard or it is heard on your trial date. Go to the library and get a copy of Jerry Brown's book on CA tickets or order it online. It has all the info and sample forms. By waiting until your court date you have waived the right to a speedy trial.