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You have not given the state in which the Ward is charged, but in most states where a criminal defendant is incapacitated, an attorney is required to file a Dilatory Plea, thus if you are the guardian you should notify the court of the disability and request a public defender who will in turn request an evaluation of the defendant and either the case proceeds or is dismissed. Unless you are a lawyer, you cannot file any pleadings on behalf of the defendant even as a guardian because you would be practicing law without a license and that is a felony in most states, so I would proceed very carefully if I were you. At the next hearing date, you can approach the court and inform the court of the disability and request a Public Defender to be appointed and they will take it from there.
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In common-law-pleading, any of several types of defenses that could be asserted against a plaintiff's cause of action, delaying the time when the court would begin consideration of the actual facts in the case.
Under common law, a plaintiff began the lawsuit and drew up a paper reciting the events that supported his or her claim to relief. The defendant was entitled to enter a plea responding to the plaintiff's allegations. If the defendant's plea required the court to decide some threshold question not related to the merits of the plaintiff's case, it was called a dilatory plea. For example, a plea to the jurisdiction challenged the authority of the court to hear the kind of matters described by the plaintiff. A plea in suspension presented facts to justify a temporary halt to the proceedings, such as when a guardian was needed for one of the parties. A plea in abatement objected to the place, manner, or time of the lawsuit; it did not defeat the plain-tiff's claim entirely but, if successful, forced the plaintiff to renew the suit in another form, place, or time.
Federal courts and states that follow the pattern of pleading permitted by the rules of federal civil procedure no longer specifically allow dilatory pleas. The same assertions can be made by motion, but the motions may sometimes be called dilatory pleas by persons complaining that they unnecessarily delay proceedings.
Washington State uses its Rules of Criminal Procedure and your correct pleading to challenge jurisdiction is a Motion to Dismiss for Lack of Jurisdiction.
I would strongly encourage you to request the appointment of a Public Defender if you cannot afford an attorney to work with you on this issue.
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