Indiana 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

(E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been take in a civil case for a period of sixty (60) days, the court, on motion of a party or its own motion shall order a hearing for the purpose of dismissing such case.

Rule to Show Cause is required. Requires appointment of special judge. Rights advisement; ? When indigent, court-appointed counsel; ? A sentence exceeding six months invokes the right to trial by jury. Standard of proof: The evidence must show that contemnor acted with willful and intentional disobedience.

A subpoena may be served at any place within the state; and when permitted by the laws of the United States, this or another state or foreign country, the court upon proper application and cause shown may authorize the service of a subpoena outside the state in ance with and as permitted by such law.

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.

Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

Indiana Trial Rule 55 allows the plaintiff to request the entry of judgment if it demonstrates that (1) you failed to timely respond; (2) you are not an infant or incompetent (unless represented by a guardian); (3) and not protected by the Servicemembers Civil Relief Act.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

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Indiana Emergency Motion to Remand Cause