Motion to dismiss; defective petition
§ 315.1. Motion to dismiss; defective petition. 1. A petition or a count thereof is defective when:
(a) it does not substantially conform to the requirements stated in sections 311.1 and 311.2; provided that a petition may not be dismissed as defective, but must instead be amended when the defect or irregularity is of a kind that may be cured by amendment pursuant to section 311.5, and where the presentment agency moves to so amend; or
(b) the allegations demonstrate that the court does not have jurisdiction of the crime charged; or
(c) the statute defining the crime charged is unconstitutional or otherwise invalid.
2. An order dismissing a petition as defective may be issued upon motion of the respondent or of the court itself.
3. A motion to dismiss under this section must be made within the time provided for in section 332.2.
A petition is defective if it doesn't conform to §§ 311.1–311.2, the court lacks jurisdiction, or the statute is unconstitutional. ★ But a curable defect must be amended, not dismissed, if the agency moves to amend. Timing per § 332.2.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.