This is a multi-state form covering the subject matter of the title.
Habeas Corpus Petition Form With Motion In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-00277
Format:
Word;
Rich Text
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FAQ
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located on the 10th Floor, Foreclosure Part Office located Room 295, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the ...
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.
State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.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 writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court. NYSCEF wants to know the court date and has a calendar button to find the court date you picked.
The Kings County Supreme Court Civil Term handles civil matters, including name changes, matrimonial cases, foreclosures, mental hygiene applications, and elder law cases; while the Criminal Term handles felony criminal matters.
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
More info
Obtain a Request for Judicial Intervention (RJI) form (see Exhibit C), complete both sides, and submit to the County Clerk (Room 189) with the. Petition for Writ of Habeas Corpus.This online program from Family Legal Care guides you through filling out a Petition for a Writ of Habeas Corpus. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. The standard for this Court's consideration of an original habeas petition is a demanding one. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. A seasoned New York habeas corpus lawyer can guide and represent you in the filing and litigation of a motion for a writ of habeas corpus. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus. Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for.