Rule 3 – Memorandum to Be Filed with Motion to Dismiss

May 13, 2021 | Criminal Procedure, Indiana

Motion to Dismiss-Memorandum. In all cases where a motion is made to dismiss an indictment or affidavit, a memorandum shall be filed therewith stating specifically the grounds for dismissal. A motion to dismiss shall be based upon such grounds as are provided by law, whether statutory or other legal grounds. A defendant who is in a position adequately to raise more than one (1) ground in support of the motion to dismiss shall raise every ground upon which he intends to challenge the indictment or information. A subsequent motion based upon a ground not properly raised, although available, in the original motion to dismiss may be summarily denied. The court, however, in the interest of justice and for good cause shown, may entertain and dispose of such a motion on the merits. A motion to dismiss based upon lack of jurisdiction over the subject matter may be made at any time.

Ind. R. Crim. P. 3