What is a motion for dismissal in a court-martial?

A motion for dismissal in a court-martial is a request for a case to be dismissed before trial. This motion can be filed before or during a court martial. The motion is typically filed by an accused military service member as a way to ask for a case to be dropped before it goes to trial. Motions for dismissal can be based on several grounds such as lack of jurisdiction, lack of evidence, or lack of proper notification. Lack of jurisdiction means the court martial does not have the legal authority to try the case, lack of evidence means that there is not enough evidence to support a conviction, and lack of proper notification means that the accused was not properly notified of the charges against them. If the motion for dismissal is granted, the court martial will be dismissed and the case will come to an end. On the other hand, if the motion is denied, the case will proceed to trial. In California, motions for dismissal are handled according to the rules of military law and can be reviewed by a judge or military legal counsel. After review, a decision is usually issued as to whether or not the motion will be granted.

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What is a motion for dismissal in a court-martial?

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