Indiana motion to dismiss form4/13/2024 ![]() 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 (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:
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