Title 6: Pleadings and Proceedings Before Trial | Chapter 2: Setting Aside the Indictment or Information [995 - 999a]
California Penal Code, Part 2 — Criminal Procedure – 2026
§ 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, upo…
§ 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 o…
§ 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 Se…
§ 997
The motion must be heard at the time it is made, unless for cause the court postpones the hearing to another time.
§ 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 i…
§ 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 defend…