This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Petition Writ Form With Two Points In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000277
Format:
Word;
Rich Text
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FAQ
Petitions MUST be signed in the presence of a Notary Public or a Family Court Clerk. Once your petition is completed and your signature notarized, you can either mail it to Family Court or submit it in person during our stated business hours. Paternity Petitions must be submitted with a copy of the Birth Certificate.
Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
Writs of Certiorari The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.
(a) Notice of petition. A notice of petition shall specify the time and place of the hearing on the petition and the supporting affidavits, if any, accompanying the petition. (b) Time for service of notice of petition and answer.
Writs of Certiorari This is a request that the Supreme Court order a lower court to send up the record of the case for review.
The most frequent common law writs include writs of mandate (Code Civ. Proc., § 1086 to correct abuse of discretion or enforce a nondiscretionary duty), writs of prohibition (Code Civ. Proc., § 1103 to prevent an act exceeding the court's jurisdiction), writs of certiorari (Code Civ.
A supreme court order directing a lower court to send up the record in a case for its review is called a Writ of Certiorari.
What Is a Writ? The term writ refers to a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed. Writs are drafted by judges, courts, or other entities that have administrative or judicial jurisdiction.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.