Massachusetts Motion for Order of Remand for further consideration

State:
Multi-State
Control #:
US-MOT-01423
Format:
Word; 
Rich Text
Instant download

Description

This is a multi-state form covering the subject matter of the title.

How to fill out Motion For Order Of Remand For Further Consideration?

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FAQ

No motion to suppress evidence, other than evidence seized during a warrantless search, and no motion to dismiss may be filed unless accompanied by a memorandum of law, except when otherwise ordered by the court.

Some typical grounds for a continuance motion include the unavailability of a witness; counsel's required presence in another court; illness of the defendant; prejudicial pretrial publicity; and an adequate opportunity to prepare the case, necessitated by such events as an amendment of the complaint, change of counsel, ...

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.

A Motion for Reconsideration shall be based on (1) newly discovered evidence that could not be discovered through the exercise of due diligence before the original motion was filed; (2) a change of relevant law; or (3) a particular and demonstrable error in the original ruling or decision.

A continuance motion can be filed by either the defendant's criminal defense lawyer or the prosecuting agency. If the judge decides to grant the motion, the hearing or trial is delayed for a necessary period to resolve the issue that made the continuance necessary.

If you cannot meet a deadline or a date on which you have to make an appearance, you must ask for a postponement, which is called a ?continuance,? with a motion. If you miss a deadline, your case can be dismissed. DALA continuances will be granted only for good cause.

Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.

Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.

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Massachusetts Motion for Order of Remand for further consideration