Illinois Emergency Motion to Remand Cause

Category:
State:
Multi-State
Control #:
US-00859
Format:
Word; 
Rich Text
Instant download

Description

This is an Emergency Motion to Remand Cause. This form is to be used when the Defendant is appealing his/her convictions in a lower court, but no transcript has been filed. He/ She will be incarcerated until the findings of this Motion are decided, and therefore urges the cour to remand this case, back to the lower court, as soon as possible. This form is applicable in all states.
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FAQ

Every final judgment of a circuit court in a civil case is appealable as of right. The appeal is initiated by filing a notice of appeal. No other step is jurisdictional.

Illinois Supreme Court Rule 215(a) provides that where a person's physical or mental condition is in controversy, the court may order that party to submit to a physical or mental examination by a Page 2 - .sdflaw.com - - 2 - licensed professional in a discipline related to the physical and mental condition involved.

A reasonable time in advance of the trial, the court may on its own motion or that of any party, order an impartial physical or mental examination of a party where conflicting medical testimony, reports or other documentation has been offered as proof and the party's mental or physical condition is thereby placed in ...

If this report is in contradiction to the 604.10(b) report, then there will be ?dueling? experts at trial. What is a 215 Evaluation? Under Illinois Supreme Court Rule 215(a), if a parent's physical or mental condition is at issue, the court may order the party to submit to a physical or mental examination.

A defendant who returns a timely waiver of service is not required to appear or serve an answer to the complaint until (i) 60 days from the date on which the request for waiver of service was sent or (ii) 90 days if the defendant was addressed outside of the United States.

Rule 237 - Compelling Appearances of Witnesses at Trial (a)Service of Subpoenas. Any witness shall respond to any lawful subpoena of which he or she has actual knowledge, if payment of the fee and mileage has been tendered.

Rule 313 - Fees in the Reviewing Court (a)Docket Fees. Unless excused by law, in all cases docketed in the reviewing court all appellants or petitioners shall pay a filing fee of $50.00, and all other parties upon entry of appearance or filing any document shall pay a fee of $30.00.

Rule 215. Horse riders and horse-drawn vehicles. Be particularly careful of horse riders and horse-drawn vehicles especially when approaching, overtaking, passing or moving away. Always pass wide and slowly.

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Illinois Emergency Motion to Remand Cause