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Petition Writ Form With Two Points In North Carolina

State:
Multi-State
Control #:
US-000277
Format:
Word; 
Rich Text
Instant download

Description

The Petition writ form with two points in North Carolina is a legal document used by individuals in state custody to challenge their detention, primarily through a writ of habeas corpus. This petition allows the petitioner to assert claims regarding the validity of their commitment due to alleged failures such as ineffective assistance of counsel or the involuntary nature of their guilty plea. Key features include sections for entering personal information about the petitioner and specific claims regarding previous legal counsel's representation, including any mental health considerations that may affect the case. Filling out the form requires attention to detail, including accurate personal data and a clear articulation of the grounds for relief. It is essential that legal professionals carefully guide the petitioner through the process, ensuring that all evidentiary materials and past legal documents are included to support the petitions claims. The target audience, including attorneys, paralegals, and legal assistants, can use this form to advocate for clients who may have been wrongfully convicted or whose mental health conditions were inadequately addressed during previous proceedings. The form is particularly relevant for those involved in the defense of mentally ill clients seeking appropriate treatment rather than incarceration.
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  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel
  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel
  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel
  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel

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Depositions before action or pending appeal. (1) Petition. – A person who desires to perpetuate that person's own testimony or the testimony of another person regarding any matter may file a verified petition in the appropriate court in a county where any expected adverse party resides.

Rule 27 - Computation and Extension of Time (a)Computation of Time. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.

After exemptions, if any, are designated by a Magistrate Judge, the judgment creditor may proceed with a Writ of Execution. The Writ should be submitted to the Clerk for issuance in pdf format via CyberClerk - category “Submit Civil Summons.” The executed Writ will be issued, filed, and served electronically.

The body of a document composed for an appeal shall at its close bear the printed name, post office address, telephone number, State Bar number, and e-mail address of counsel of record, and in addition, at the appropriate place, the signature of counsel of record.

A circuit judge may act alone on any motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals may provide by rule or by order in a particular case that only the court may act on any motion or class of motions. The court may review the action of a single judge.

Rule 37 - Motions in Appellate Courts (a)Time; Content of Motions; Response. An application to a court of the appellate division for an order or for other relief available under these rules may be made by filing a motion for such order or other relief with the clerk of the court, with service on all other parties.

Rule 37 - Motions in Appellate Courts (a)Time; Content of Motions; Response. An application to a court of the appellate division for an order or for other relief available under these rules may be made by filing a motion for such order or other relief with the clerk of the court, with service on all other parties.

On motion of any party, the appellate court may order any portion of the record on appeal amended to correct error shown as to form or content. Prior to the filing of the record on appeal in the appellate court, such motions may be filed by any party in the trial court.

In an appeal from a civil case, giving Notice of Appeal is governed by Rule 3 of the Rules. Pursuant to Rule 3, in general, the Notice of Appeal must be filed within 30 days after the order or judgment being appealed has been entered.

Rule 11. – Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated.

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Petition Writ Form With Two Points In North Carolina