This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Jury Trial Form Withdrawn In Franklin
Category:
State:
Multi-State
County:
Franklin
Control #:
US-000287
Format:
Word;
Rich Text
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Description
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FAQ
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.
As the person who filed the Motion for Contempt, you will have to prove: that there is a valid court order; that the other party violated or disobeyed the order (Be prepared to say exactly how you think the order was disobeyed. that the other parent violated (or disobeyed) the court order on purpose.
Once your attorney prepares and files a "Note of Issue" your case will sit on the trial calendar for many months. When your case is finally called, your attorney will need to appear for a pre-trial conference with the trial assignment judge.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.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.
If you are convicted of any degree of this crime, your outlook is bleak in terms of sentencing. Second Degree is an “A” misdemeanor while a First Degree conviction is an “E” felony. These crimes are punishable with sentences up to one year in jail and four years in state prison respectively.
When writing a jury excuse letter, directly state why you cannot serve and how serving would lead to hardship. Valid exemptions include being ill or disabled, being the sole guardian of young children, or being over the age of 70. Include documentation such as a doctor's note or a letter from an employer.
Served By. If service is accomplished by mail, the summons may be served by the U.S. Marshal, clerk, or jury commission. If personal service is required, the summons is served by the U.S. Marshal.
Have not been adjudged incompetent by a court. Must be able to read, write and comprehend the English language. Cannot have been convicted of a felony within the last 10 years. Cannot have served on a jury panel within the county within the past year.
Reasons for Being Excused from Jury Service Medical reasons. Public necessity. Undue hardship. Dependent care. Student Status. Military conflict. Other reason deemed sufficient by the court.