Oklahoma Motion to Release Property from Levy upon Filing Bond

State:
Multi-State
Control #:
US-03319BG
Format:
Word; 
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Description

A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.

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FAQ

Insufficient evidence is a negative defense, which means that the defendant asserts by implication (silence) or by testimony, that she did not commit the alleged offense, or that the prosecutor cannot prove that she committed the alleged offense.

You may have heard of a ?239 sale,? which is a reference to Oklahoma Statutes, title 58, section 239; this section is often used to sell real estate owned by a decedent while the probate case is still ongoing and not yet complete.

In law, a motion to quash is a formal request made to a court to declare a specific proceeding, such as a subpoena, an arrest warrant, or a legal complaint, as invalid or void.

If it appears to the court that there is no substantial controversy as to the material facts and that one of the parties is entitled to judgment as a matter of law, the court shall render judgment for said party.

§15-221. "Construction agreement" defined - Limitations on liability arising out of death or bodily injury void - Exceptions.

A motion to suppress is a request from the attorney that the court suppress, or not allow, a certain piece or pieces of evidence.

Oklahoma law allows a criminal defendant to file a Motion to Quash for insufficient evidence in felony cases after a preliminary hearing.

(2) Response to Motion. Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed. The argument and authorities in support of the response shall be included therein, and no separate brief may be tendered for filing.

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Oklahoma Motion to Release Property from Levy upon Filing Bond