Common use of Effect of Determination Clause in Contracts

Effect of Determination. If the court grants a motion based on a defect in the institu- tion of the prosecution or in the indictment or information, it may also order that the defend- ant be continued in custody or that bail be con- tinued for a specified time pending the filing of a new indictment or information. Nothing in this rule shall be deemed to affect the provisions of any Act of Congress relating to periods of limitations. (i) PRODUCTION OF STATEMENTS AT SUPPRES- ▇▇▇▇ HEARING. Rule 26.2 applies at a hearing on a motion to suppress evidence under subdivision (b)(3) of this rule. For purposes of this subdivi- sion, a law enforcement officer is deemed a gov- ernment witness. (As amended Apr. 22, 1974, eff. Dec. 1, 1975; July 31, 1975, Pub. L. 94–64, § 3(11), (12), 89 Stat. 372; Apr. 28, 1983, eff. Aug. 1, 1983; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993.) Notes of Advisory Committee on Rules—1944 (a). 1. This rule abolishes pleas to the jurisdiction, pleas in abatement, demurrers, special pleas in bar, and motions to quash. A motion to dismiss or for other appropriate relief is substituted for the purpose of raising all defenses and objections here- tofore interposed in any of the foregoing modes. ‘‘This should result in a reduction of opportunities for dila- tory tactics and, at the same time, relieve the defense of embarrassment. Many competent practitioners have been baffled and mystified by the distinctions between pleas in abatement, pleas in bar, demurrers, and mo- tions to quash, and have, at times, found difficulty in determining which of these should be invoked.’’ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, 29 A.B.A.Jour. 655. See also, ▇▇▇▇▇▇▇, 4 Law-