CHAPTER 2. Setting Aside the Indictment or Information

Heading of Chapter 2 amended by Stats. 1951, Ch. 1674.

§§ 995–999a · 7 sections

• § 995 (a) Subject to subdivision (b) of Section 995a, the indictment or information shall be set aside by the court in which the defendant is arraigned, upon his or…
• § 995a (a) If the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon, the court shall order them…
• § 996 If the motion to set aside the indictment or information is not made, the defendant is precluded from afterwards taking the objections mentioned in Section 995.
• § 997 The motion must be heard at the time it is made, unless for cause the court postpones the hearing to another time. The court may entertain such motion prior to…
• § 998 If the court directs the case to be resubmitted, or an information to be filed, the defendant, if already in custody, shall remain, unless he or she is…
• § 999 An order to set aside an indictment or information, as provided in this chapter, is no bar to a future prosecution for the same offense.
• § 999a A petition for a writ of prohibition, predicated upon the ground that the indictment was found without reasonable or probable cause or that the defendant had…