Louisiana Motion & Order to Cancel Judgment of Bond Forfeiture is a legal document used in Louisiana courts to cancel a judgment of bond forfeiture. This document is typically used when a defendant has failed to appear in court or has failed to comply with certain court orders or requirements. The motion and order serve to cancel the judgment of bond forfeiture and allow the defendant to continue his/her case. The motion must be filed by the defendant or his/her attorney. The motion must include the date of the bond forfeiture, the cause number, the reason for the motion, and the requested relief. The defendant is then required to serve the motion and order to the District Attorney and the court. The court will then review the motion and order and determine whether to grant the motion and cancel the judgment. If the court grants the motion, the defendant will not have to pay the bail or penalty amount that was previously set. There are two types of Louisiana Motion & Order to Cancel Judgment of Bond Forfeiture: (1) Motion to Vacate Bond Forfeiture, which is used when a defendant has failed to appear in court or has failed to comply with certain court orders or requirements; and (2) Motion to Set Aside Bond Forfeiture, which is used when the court has already entered a judgment of bond forfeiture and the defendant is requesting that the court set aside the judgment.
Louisiana Motion & Order to Cancel Judgment of Bond Forfeiture
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FAQ
The motion for a new trial shall be filed no later than seven days, exclusive of legal holidays, after the clerk has mailed or the sheriff has served the notice of the signing of the judgment notwithstanding the verdict under Article 1913. The motion shall be served pursuant to Articles 1976 and 1314.
Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.
851. Section 851 - Grounds for new trial A. The motion for a new trial is based on the supposition that injustice has been done the defendant, and, unless such is shown to have been the case the motion shall be denied, no matter upon what allegations it is grounded.
A motion to quash may be based on one or more of the following grounds: (1) The indictment fails to charge an offense which is punishable under a valid statute. (2) The indictment fails to conform to the requirements of Chapters 1 and 2 of Title XIII.
If you are in jail, the District Attorney must file charges within 60 days of your arrest, except that that the District Attorney has 120 days from your arrest to file charges for first or second degree murder, aggravated rape, or aggravated kidnapping.
Louisiana Civil Statutes of Limitation: At a Glance The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims).
(2) For good cause shown, the court may order a continuance of the hearing. (3) The court shall render a judgment on the motion not less than twenty days prior to the trial. (4) In all cases, the court shall state on the record or in writing the reasons for granting or denying the motion.
If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your arrest.
