In the Family Court of the Navajo Nation

[______[A1]]

OFFICE OF THE PROSECUTOR

Post Office Box 1743

Shiprock, New Mexico87420

Telephone: 505-368-1116/1117

Fax: 505-368-1124

IN THE DISTRICT COURT OF THE NAVAJO NATION

JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO

THE NAVAJO NATION,
Plaintiff,
vs.
[Defendant’s Name [A2]],
DOB: [00/00/0000]
SSN [000-00-0000], C# [000000]
Defendant. / NO.: SR-[Category[A3]]-[AutoNumber]-[Year[A4]]

MOTION TO DISMISS

COMES NOW the Navajo Nation through the Office of the District Prosecutor and moves the Honorable Court with a Motion to Dismiss the above docketed matter, stating:

1.That thecourt has continuing personal and subject matter jurisdiction; and

2.That the defendant was arrested for the offense of [Charge Description[A5]], in violation of [Charge Code[A6]]; and

3.The criminal complaint is defective; and

4.That the Navajo Nation moves the Honorable Court to dismiss the above docketed criminal matter pursuant to Nav. R. Civ. P. Rule 19(a).

WHEREFORE the Navajo Nation prays the Court to dismiss the above docketed matter in the interest of justice.

Submitted this [______][A7], day of [______[A8]],[Year[A9]].

______

[[A10]]

CERTIFICATION

A copy of the foregoing Motion to Dismiss is sent to defendant via US Postal Service at [Defendant’s or Defendant’s Counsel’s Mailing Address[A11]] this [Date[A12]] by ______.

[ ][A13]

IN THE DISTRICT COURT OF THE NAVAJO NATION

JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO

THE NAVAJO NATION,
Plaintiff,
vs.
[Defendant’s Name [A14]],
DOB: [00/00/0000]
SSN [000-00-0000], C# [000000]
Defendant. / NO.: SR-[Category[A15]]-[AutoNumber]-[Year[A16]]

O R D E R

(Motion to Dismiss)

THE COURT having received the Navajo Nation’s Motion to Dismiss and having considered the grounds presented therein hereby ORDERS the following:

IT IS HEREBY ORDERED that the Navajo Nation’s Motion to Dismiss shall be GRANTED.

IT IS THEREFORE ORDERED that the above docketed matter shall be dismissed with prejudice and the case closed.

SO ORDERED this ______day of ______, 2010.

______

JUDGE, DISTRICT COURT OF THE NAVAJO NATION

[A1]Assigned Prosecutor, w/ title e.g. Daryl Junes, Senior Prosecutor

[A2]Defendant’s name: LAST (Caps), First, Middle

[A3]2 categories only for this plea agreement form: CRTR (Criminal Traffic); and CR (Criminal). No juvenile cases in District Court. All juvenile cases would be routed to the “Family” Court and use different forms.

[A4]2 numbers i.e. “10”

[A5]Description from Statute Workbook

[A6]format: 17 N.N.C. § 341

[A7]day, formatted 2nd, 3rd, 4th

[A8]Month printed

[A9]year

[A10]Assigned prosecutor w/ title e.g. Daryl Junes, Senior Prosecutor

[A11]Should always be Counsel if Defendant is represented

[A12]Date printed

[A13]Name of Prosecutor Staff

[A14]Defendant’s name: LAST (Caps), First, Middle

[A15]2 categories only for this plea agreement form: CRTR (Criminal Traffic); and CR (Criminal). No juvenile cases in District Court. All juvenile cases would be routed to the “Family” Court and use different forms.

[A16]2 numbers i.e. “10”