North Carolina Order of Remand on Writ of Procedendo

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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

Every person imprisoned or restrained of his liberty within this State, for any criminal or supposed criminal matter, or on any pretense whatsoever, except in cases specified in G.S. 17-4, may prosecute a writ of habeas corpus, ing to the provisions of this Chapter, to inquire into the cause of such imprisonment ...

A writ of execution in North Carolina is a court document ordering the sheriff of the county in which you live to seize nonexempt property to satisfy or pay a money judgment against you.

As a prisoner (regardless of whether you are in state or federal prison), you can challenge your conviction or sentence by petitioning for a writ of habeas corpus in federal court. By petitioning for a writ, you are asking the court to determine whether your conviction or sentence is illegal.

A petition for writ of certiorari is used to ask an appellate court to review a judgment or an order entered by a lower court.

A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

Rule 31 - Petition for Rehearing (a)Time for Filing; Content. A petition for rehearing may be filed in a civil action within fifteen days after the mandate of the court has been issued.

A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).

A habeas corpus petition in California allows you to challenge your conviction or sentencing. You can file it only after exhausting all criminal appeals, and the petition must show your detention violates the law or your constitutional rights as per Penal Code 1473.

Procedure upon misjoinder and nonjoinder. Neither misjoinder of parties nor misjoinder of parties and claims is ground for dismissal of an action; but on such terms as are just parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action.

Application for the writ of certiorari shall be made by filing a petition therefor with the clerk of the court of the appellate division to which appeal of right might lie from a final judgment in the cause by the tribunal to which issuance of the writ is sought. (c)Petition for Writ-Filing and Service; Content.

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North Carolina Order of Remand on Writ of Procedendo