Maine Order of Remand on Writ of Procedendo

Category:
State:
Multi-State
Control #:
US-01767
Format:
Word; 
Rich Text
Instant download

Description

This form is a model Order for Remand by a Writ of Procedendo, a writ by which a cause which has been removed on insufficient grounds from an inferior to a superior court by certiorari, or otherwise, is sent down again to the same court, to be proceeded with there.

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FAQ

In its simplest terms, replevin is a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned. The requirements of a replevin action differ by jurisdiction.

The Writ of Possession is a court order/eviction order which informs the tenant that they must move out of their housing on the property within 48 hours after the Writ of Possession is delivered to them in person. If the tenant fails to do so, they will be forcibly evicted.

When the defendant is defaulted or fails to show sufficient cause, judgment must be rendered against the defendant by the District Court for possession of the premises. Seven calendar days after the judgment is entered, the court shall issue the writ of possession to remove the defendant.

Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. No execution running against the body shall be issued unless, where the law expressly permits such execution, it is so ordered by the court after motion and hearing for good cause shown.

Most district court appeals are filed directly to the Supreme Judicial Court. Small claims appeals and eviction (Forcible Entry and Detainer) appeals are filed in the Superior Court. Appeals from the Superior Court may be taken to the Supreme Judicial Court.

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Maine Order of Remand on Writ of Procedendo