An Amendment to fix Motion to Dismiss

An Amendment to fix Motion to Dismiss


BE IT ENACTED BY THE STATE OF FIRESTONE CONGRESS HERE ASSEMBLED THAT:

Section I. The General Rules of Procedure in the State Courts Revision Act shall be amended, defined as General Rules of Procedure, and may be, in this legislation, abbreviated as “the GRP”.

Section II. Section 5, Rule 6(c.ii) of the GRP currently states:
“Motion to dismiss may be submitted by the defendant during trial or prior to trial. Motion to dismiss seeks to dismiss either (1) the case or (2) one or multiple charge(s) in the case. Motion to dismiss shall only be accepted if either (1) there is no legal principle or basis for the matter or (2) the court lacks jurisdiction for the matter. Upon dismissal, either (1) the case shall be dismissed immediately with prejudice or (2) the charge shall be removed from the case.”

Section III. Section 5, Rule 6(c.ii) of the GRP shall now state:
“Motions to dismiss may be submitted by the defense at any time while a case is heard. Motions to dismiss seek to dismiss either (1) the case; or (2) one or multiple charge(s) in the case. For motions to dismiss, the court shall consider the facts explicitly or implicitly alleged by the plaintiff - based on the evidence and circumstances of the case - to be true and shall only grant the motion if there exists no valid legal basis for (1) the case; or (2) one or multiple charge(s) in the case, whichever the defense moved for. Upon lawfully granting a motion to dismiss, either (1) the case shall be dismissed immediately with prejudice; or (2) the charge(s) shall be permanently removed from the case, whichever the defense moved for.”

Section IV. This legislation shall go into effect, given that it follows the necessary procedures to do so, as outlined by the Constitution.

Respectfully submitted to the Congress of the State of Firestone,

Chief Sponsor:

Lieutenant Governor Stamose

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