Does a copy of a Motion to Dismiss the Dismissal of the Criminal Code need to be file-stamped?
California, United States of America
The following excerpt is from People v. Wilson, H040185 (Cal. App. 2014):
4. The copy of the motion in the record is not file-stamped. At a September 7, 2011 hearing, the trial court indicated that the motion had been hand-delivered to the court that day, and faxed to the court the day prior. Defendant's declaration is dated September 7, 2011, and the proof of service for the motion indicates that it was personally delivered to the prosecutor on September 7, 2011.
5. Boykin v. Alabama (1969) 395 U.S. 238; In re Tahl (1969) 1 Cal.3d 122.
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