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The Clerk will stamp the forms with a filing date and give a copy back to you.
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Take the original and four (4) copies of your form to the Clerk of the Court that issued the current child support order. If either you or the other parent has been ordered to pay child support and you or the other parent believe that circumstances have changed so much that the current support order should be changed, then you should carefully read this section to learn more about the child support rules and guidelines.įor cases involving child support, this form must be completed and returned to the Clerk of the Court’s office. If you are unsure whether you are a member IV-D please contact the local IV-D office at (260) 449-3421 or (260) 449-7039. Amended by Acts 1982, P.L.204, SEC.20 P.L.320-1983, SEC.12.If you are a member of the Title IV-D Child Support Program (Prosecuting Attorney’s Child Support Enforcement) do not use these forms and contact your case manager. (f) An order of dismissal does not, of itself, constitute a bar to a subsequent prosecution of the same crime or crimes except as otherwise provided by law.Īs added by Acts 1981, P.L.298, SEC.3. (2) any prior order concerning release pending trial remains in force unless it is modified or removed by the court. (1) the court may not discharge the defendant and (e) If the court grants a motion under subsection (a)(3) and the prosecuting attorney informs the court on the record that the charges will be refiled within seventy-two (72) hours by information: If the court grants the motion under subdivision (3) and grants the prosecuting attorney leave to amend, any prior order imposing conditions of release pending trial shall stand unless otherwise modified or removed by order of the court. (3) grant the motion to dismiss and deny discharge of the defendant if the court determines that the indictment or information may be cured by amendment under section 5 of this chapter and the prosecuting attorney has moved for leave to amend. (2) grant the motion to dismiss and discharge the defendant or (d) Upon the motion to dismiss, the court shall: However, the court, in the interest of justice and for good cause shown, may entertain and dispose of such a motion on the merits. A subsequent motion based upon a ground not properly raised may be summarily denied. (c) Upon the motion to dismiss, a defendant who is in a position adequately to raise more than one (1) ground in support thereof shall raise every ground upon which he intends to challenge the indictment or information. A motion to dismiss based upon lack of jurisdiction over the subject matter may be made at any time. A motion to dismiss based upon a ground specified in subdivision (a)(6), (a)(7), (a)(8), (a)(9), (a)(10), or (a)(11) of this section may be made or renewed at any time before or during trial. A motion made thereafter may be summarily denied if based upon a ground specified in subdivision (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section. (2) ten (10) days if the defendant is charged only with one (1) or more misdemeanors
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(1) twenty (20) days if the defendant is charged with a felony or (b) Except as otherwise provided, a motion under this section shall be made no later than: (11) Any other ground that is a basis for dismissal as a matter of law. (10) There exists some jurisdictional impediment to conviction of the defendant for the offense charged. (9) The defendant has been denied the right to a speedy trial. (7) The prosecution is barred by reason of a previous prosecution. (6) The defendant has immunity with respect to the offense charged. (5) The facts stated do not constitute an offense. (4) The indictment or information does not state the offense with sufficient certainty. (3) The grand jury proceeding was defective. (2) Misjoinder of offenses or parties defendant, or duplicity of allegation in counts. (1) The indictment or information, or any count thereof, is defective under section 6 of this chapter. (a) The court may, upon motion of the defendant, dismiss the indictment or information upon any of the following grounds: