Massachusetts Emergency Motion to Remand Cause

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State:
Multi-State
Control #:
US-00859
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Word; 
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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

Federal Rule of Civil Procedure 9(b) creates a heightened pleading standard for fraud claims, and requires that lawyers plead circumstances of fraud with particularity. However, ?[m]alice, intent, knowledge, and other conditions of a person's mind may be alleged generally.? F.R.C.P.

Rule 12(b)(1) makes it clear that the defendant may tender a guilty plea, a nolo contendere plea, or, in District Court, an admission to sufficient facts, without entering into a plea agreement.

The trial judge may order two or more indictments or complaints to be tried together if the offenses and the defendants, if more than one, could have been joined in a single indictment or complaint. The procedure shall be the same as if the prosecution were under a single indictment or complaint.

LOCAL RULE 7.2 IMPOUNDED AND CONFIDENTIAL MATERIALS Any document presented for filing under seal, without a motion to seal, will be returned to the filing party.

Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.

Massachusetts Superior Court Rule 9C: Settlement of Discovery Disputes. Counsel for each of the parties shall confer in advance of serving any motion under Mass.

9 (also simply Rule 9) was a city ordinance in Los Angeles, California, which made it illegal for performers to "impersonate by means of costume or dress a person of the opposite sex" without a special permit from the Los Angeles Board of Police Commissioners.

All civil motions shall be governed, where applicable, by Superior Court Rules 9A through 9E. Any criminal motion must be in writing and filed before being placed upon a list for hearing, unless otherwise ordered by the court, or otherwise provided for under Superior Court Rule 61.

If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

A party may amend his pleading once as a matter of course at any time before a responsive pleading is served and prior to entry of an order of dismissal or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time ...

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Massachusetts Emergency Motion to Remand Cause