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Louisiana Motion to Continue and Refix and Recall Attachment, and Order

State:
Louisiana
Control #:
LA-5145
Format:
Word; 
Rich Text
Instant download

Description

This example requests that the sentencing of a criminal defendant be continued and re-fixed for a particular date, and that the attachment issued against the defendant for failure to appear in court on the original sentencing date be recalled. An included order grants the motion, re-fixes the sentencing date and recalls the attachment.

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FAQ

Rule 9.9 in the Louisiana District Court pertains to the procedures surrounding motions for continuance. This rule outlines the requirements for filing and the necessary documentation needed when seeking a delay in court proceedings. Familiarizing yourself with Rule 9.9 is crucial when preparing a Louisiana Motion to Continue and Refix and Recall Attachment, and Order. It ensures you follow the correct protocol for your motion, increasing your chances for approval.

'Continued' and 'postponed' generally mean the same thing in legal terms. Both indicate that the proceedings in a case are being delayed. When you request a continuance, such as through a Louisiana Motion to Continue and Refix and Recall Attachment, and Order, you effectively ask the court to postpone the matter to a later date.

Non- Bailable warrant is nothing but the warrant of arrest and a person can be sent jail after the issuance of such warrant. Issuance of such warrant is much required when the order of conviction is passed and the accused is not in custody.

Non-Bailable Offence means any other offence. Bailable offences are regarded as less grave and less serious. Bailable offences are grave and serious offences, For example- offence of murder. Under bailable offences, bail is claimed as a matter of right.

Courts can entertain petitions to recall non-bailable arrest warrants (NBWs) without insisting on the presence of people against whom they had been issued, but it does not mean the practice should be followed invariably in all cases irrespective of the conduct of the person concerned, the Madras High Court Bench here

Immediately file an application for cancellation of Non Bailable warrant before the magistrate Court who issued the NBW against your father, as the offence is bailable, the court will cancel the same and grant him bail.Your first course of action must be to apply for the cancellation of NBW in the same court.

1. Since the court has issued NBW against you for not appearing before court on a previous date of hearing, you are required to appear in person before the court, file a petition under section 70(2) cr. p.c. and get the warrant recalled by complying with further formalities.

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Louisiana Motion to Continue and Refix and Recall Attachment, and Order