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      CHC 865     



Art. 865.  Preadjudication requests for relief; general provisions

A.  All motions or other requests for relief prior to the adjudication hearing shall be made by written motion filed within fifteen days after the child or his counsel has appeared to answer the petition.  In the interest of justice, the court may allow additional time within which to make or file such motions or may permit such requests to be made by oral motion.

B.  The motion shall state with particularity the grounds therefor and shall set forth the relief sought.

C.  A motion may be granted without a contradictory hearing when mover is clearly entitled thereto without supporting proof.  A motion shall not be denied without a contradictory hearing unless, assuming the facts alleged to be true, mover is not entitled to relief.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.

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