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The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the notice is served within 14 days. The definition of "served" has changed. Prior to 1994, NIPs were served by registered or recorded post, but in 1994, the Road Traffic Offenders Act 1988 was amended to allow for standard postal delivery.
The prosecution may also gain rights to notice of specific affirmative defenses, such as whether the defendant intends to raise an alibi defense or insanity defense, and have discovery rights relating to those defenses.
More than 300 published court opinions have interpreted and applied California's anti-SLAPP law. [3] Because the right to file a special motion to strike is substantive immunity to suit, rather than a merely procedural right, federal courts apply the law to state law claims they hear under diversity jurisdiction. [4]
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted.
The rule of lenity is one such canon. Implicit in its provisions is the additional burden placed on the prosecution in a criminal case and the protection of individual rights against the powers of the state. It also furthers the fundamental principle of requiring notice in criminal law. Individuals should not be punished for their acts when the ...
For example, in Michigan the so-called "910 Report" must be filed after a matter is under advisement for more than 90 days. It requires the judge to file a certified statement with the court administrator specifying the case, the matters taken under advisement, the reasons for the delay, and the estimated time of arrival for the cure to the ...
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
A criminal referral or criminal recommendation is a notice to a prosecutorial body, recommending criminal investigation or prosecution of one or more entities for crimes which fall into that body's jurisdiction.