Nevada Order of Remand on Writ of Procedendo

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Multi-State
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US-01767
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Word; 
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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.

How to fill out Order Of Remand On Writ Of Procedendo?

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FAQ

A motion requesting a rehearing or reconsideration may be based only on one of the following grounds: (a) Newly discovered or available evidence. (b) Error in the hearing or in the findings and recommendations or the decision that would be grounds for reversal of the findings and recommendations or the decision.

The ?Great Writ? of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means ?show me the body.? Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.

?Habeas corpus? is a Latin phrase meaning ?you shall have the body.? A writ of habeas corpus is an Order from the court, requiring that a hearing be held to establish whether there is a constitutional basis for the confinement of a convicted person in Nevada.

A writ of habeas corpus is a court order requiring a hearing to establish whether there is a constitutional basis for confining you following an arrest or conviction. If granted, the court will hold a hearing to determine whether your confinement or sentence is legal. If you prevail at the hearing, you will go free.

Chapter 34 - Writs; Petition to Establish Factual Innocence. NRS 34.010 - Writ of certiorari denominated writ of review. NRS 34.020 - Writ may be granted by appellate and district courts; when writ may issue. NRS 34.030 - Application for writ made on affidavit; notice to adverse party may be required.

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.

Description. 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 writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust or station. NRS 34.160.

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Nevada Order of Remand on Writ of Procedendo