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Can you tell me what is the penal code section that state…

Customer Question
Can you tell me...

Can you tell me what is the penal code section that state that 995 motion to dismiss must be filed 10 court days before the hearing in California? Thank you.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Yes but I just need to know the code section

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

Submitted: 7 months ago.Category: Legal
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Answered in 13 minutes by:
11/28/2017
Lawyer: Expert James, Lawyer replied 7 months ago
Expert James
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Lawyer: Expert James, Lawyer replied 7 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: It is not in the penal code. It is located in the California Rules of the Court, as Rule 4.111 Pretrial motions in criminal cases: "

(a) Time for filing papers and proof of service

Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days..."

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Customer reply replied 7 months ago
No other than CRC there is also a penal code soecific to 995. I have just misplaced it
Customer reply replied 7 months ago
hello
any luck?
Lawyer: Expert James, Lawyer replied 7 months ago

No luck. Sorry. Can you tell me why the court rules are insufficient in this instance, considering it is a procedural question?

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Customer reply replied 7 months ago
there is a wording in it that specifically says that if 995 is not filed within 10 court days the motion is dismissed. I am looking for that specific language. Can you ask that my money be refunded please? Thank you.
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