Motion Dismissal Filing Requirements

Summary

When filing a motion to dismiss a felony charge in California, include proof of service for the district attorney and court clerk. Serving the judge directly is typically not required. Proof of service should include document description, recipient information, service method, date of service, and servers declaration. Always check local court rules for specific requirements.

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What does a proof of service consist of
A proof of service typically consists of:
- Document Description: Identifies the document served.
- Recipient Information: Lists names and addresses of parties served.
- Service Method: Details how the document was delivered (e.g., mail, personal service).
- Date of Service: Specifies when the document was served.
- Server's Declaration: Signed statement of the person who served the document, affirming the accuracy of the information.
Always check local court rules for any additional requirements.