This is a multi-state form covering the subject matter of the title.
North Dakota Motion for Order of Remand for further consideration
State:
Multi-State
Control #:
US-MOT-01423
Format:
Word;
Rich Text
Instant download
Description
How to fill out Motion For Order Of Remand For Further Consideration?
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FAQ
The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.
Service of the motion requires that the moving party arrange delivery of the motion documents to the opposing party. The moving party is required to notify the opposing party of the motion and to give the opposing party time to respond.
An order to show cause issued pursuant to section 27-10-07 may be made in the action or proceeding in or respecting which the offense was committed, either before or after the final judgment or order therein, and is equivalent to a notice of motion.
If the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligor and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody. RULE 46. RELEASE FROM CUSTODY - North Dakota Court System ndcourts.gov ? rules ? ndrcrimp ndcourts.gov ? rules ? ndrcrimp
Unless this rule provides otherwise, the defendant must be present at: (1) the initial appearance, the arraignment, and the plea; (2) every trial stage, including jury impanelment and the return of the verdict; and. (3) sentencing. Presence by interactive television is presence for the purposes of this rule.
The amendment to North Dakota's rule requires the prosecution, upon written request, to disclose that portion of any written record containing the substance of any oral statement made by the defendant in response to interrogation by any person then known to the defendant to be an agent of the government. RULE 16. DISCOVERY AND INSPECTION - North Dakota Court System ndcourts.gov ? rules ? ndrcrimp ndcourts.gov ? rules ? ndrcrimp
Rule 43 of the Federal Rules of Criminal Procedure deals with the presence of the defendant during the proceedings against him. It presently permits a defendant to be tried in absentia only in non-capital cases where the defendant has voluntarily absented himself after the trial has begun. Rule 43. Defendant's Presence | LII / Legal Information Institute LII / Legal Information Institute ? rules ? frcrmp ? rule_43 LII / Legal Information Institute ? rules ? frcrmp ? rule_43
47. The rule is intended to state the general requirements for all motions. To achieve flexibility, the rule does not require grounds for a motion to be stated with particularity, and the use of declarations in support of a motion is permissive. RULE 47. MOTIONS - North Dakota Court System ndcourts.gov ? rules ? ndrcrimp ndcourts.gov ? rules ? ndrcrimp
