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Virginia pleading practice differs from that of federal courts and many other states in that it offers no amendments to the pleadings as of right. If a plaintiff files an amended complaint, and the defendant responds to that pleading, both the filing and the response are a legal nullity.
In criminal cases, a demurrer may be used in some circumstances to challenge the legal sufficiency of the indictment or other similar charging instrument.Traditionally, if the defendant could admit every allegation of the indictment and still be innocent of any crime, then a general demurrer would be sustained and the indictment would be dismissed.
The information or indictment must be filed within 30 days from the date of arrest or service of the summons. [2] Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. [3]
Second-degree murder charges against two sheriff’s deputies and a hospital worker have been reduced to involuntary manslaughter in the death of a Virginia man who was pinned to the floor for ...
An indictment is not an indication of guilt, rather a jury comprised of everyday citizens found probable cause to pursue felony convictions from evidence presented in a closed session. The ...
The former assistant principal of a Virginia elementary school where a 6-year-old student shot his teacher last year has been indicted on child abuse charges, court records show.
An indictment may contain more than one count, but each count must allege only one offence, so that the defendant (and the jury) can know precisely what offences he or she is accused of. If a count is poorly drafted so that it alleges two offences, it is said to be "duplicitous".
An information is a formal criminal charge which, depending upon the jurisdiction, either begins or continues a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.