Virginia Emergency Motion to Remand Cause

Category:
State:
Multi-State
Control #:
US-00859
Format:
Word; 
Rich Text
Instant download

Description

This is an Emergency Motion to Remand Cause. This form is to be used when the Defendant is appealing his/her convictions in a lower court, but no transcript has been filed. He/ She will be incarcerated until the findings of this Motion are decided, and therefore urges the cour to remand this case, back to the lower court, as soon as possible. This form is applicable in all states.
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FAQ

Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...

A magistrate may issue an emergency custody order for an adult or juvenile based on evidence that the person suffers from a mental illness; that, as a result of mental illness, the person will, in the near future, cause serious physical harm to self or others or will suffer serious harm due to a lack of capacity to ...

(d) Every pleading shall state the facts on which the party relies in numbered paragraphs, and it shall be sufficient if it clearly informs the opposite party of the true nature of the claim or defense.

Counsel of record shall make a reasonable effort to confer before giving notice of a motion to resolve the subject of the motion and to determine a mutually agreeable hearing date and time.

Court proceedings usually begin with an Emergency Custody Order (ECO) issued by a magistrate or called in by a police officer. An ECO is usually effective for up to 8 hours. Before the ECO expires, a magistrate must issue a longer-term Temporary Detention Order (TDO), or the respondent is likely to be released.

Rule . Persons Before Whom Depositions May Be Taken. (a) Within this Commonwealth. Within this Commonwealth depositions may be taken before any person authorized by law to administer oaths, and if certified by his hand may be received without proof of the signature to such certificate.

Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.

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Virginia Emergency Motion to Remand Cause