Fill and Sign the Motion Order Dismiss Form

STATE OF LOUISIANA : _______ JUDICIAL DISTRICT COURT VS : PARISH OF _______ , LOUISIANA ______________ : DOCKET NO. _______ MOTION AND ORDER TO DISMISS FOR FAILURE TO PROSECUTE TIMELY NOW INTO COURT, through undersigned counsel, comes defendant, ______________ , who respectfully suggests the following: 1. Your defendant, ______________ , was arrested on _______ ___ , 20 ___ for the charge of ______________ . 2. Your defendant was arrested in excess of two (2) years and at no time during that period was she arraigned or been to trial on the charges pending against her. 3. The suspension of time limitation as stated in C.Cr.Pr. Article 580 does not apply in this situation. 4. The District Attorney = s Office has failed to prosecute on the time limitations pursuant to C.Cr.Pr. Article 578, and your defendant hereby moves that this action be dismissed. WHEREFORE, your defendant, ______________ , prays that this court order that the charges pending against her be dismissed for failure to prosecute timely pursuant to C.Cr.Pr. Article 578. Respectfully Submitted, ______________________________ ______________ Attorney for Defendant ______________ __________ , LA _______ ( ___ ) _______ STATE OF LOUISIANA : _______ JUDICIAL DISTRICT COURT VS : PARISH OF _______ , LOUISIANA ______________ : DOCKET NO. _______ ORDER Considering the foregoing Motion: IT IS ORDERED, ADJUDGED AND DECREED that the charges pending against your defendant, ______________ , be dismissed for failure to prosecute timely pursuant to C.Cr.Pr. Article 578. SIGNED this _____ day of ________________ 20 ___ , at ______________ , _______ Parish, Louisiana. ______________________________ DISTRICT JUDGE CERTIFICATE I HEREBY CERTIFY that the above and foregoing has been forwarded to all opposing counsel by hand delivering a copy of same. __________________________ ______________