Milford, NJ asked in Criminal Law and Traffic Tickets for New Jersey

Q: Can a federal rule 12b motion be filed in municipal court for dismissal or is there another motion other then that?

I am trying to file a motion to dismiss a criminal misdomenior case in municipal court. I was told that 12b 1 through 8 are not filed in municipal court. Is there other motion to dismiss motions?

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2 Lawyer Answers
Leon Matchin
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Answered
  • Criminal Law Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: Federal rules don't apply in municipal court but New Jersey Court Rules 7:1-1, et al do apply so check there.

H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: you need to file a motion in Municipal Court the rules are rather relaxed so you may even be able to use the same format but remember the rules in federal court don't apply only New Jersey Court rules apply.

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