Charlotte North Carolina Application and Writ of Habeas Corpus Ad Testificandum

State:
North Carolina
City:
Charlotte
Control #:
NC-G-112
Format:
PDF
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Description

Application and Writ of Habeus Corpus Ad Testificandum: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


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FAQ

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).

Once served, the judgment debtor must complete and file the forms with the Court within twenty (20) days of receiving the documents. Failure to do so will result in any potential exemptions being waived.

State prisoners can petition Federal courts to review the validity of their convictions and sentences; these petitions, commonly called habeas corpus petitions, allege that criminal proceedings and resulting convictions and/or sentences violated the constitutional rights of prisoners.

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 is an order issued by a legal authority with administrative or judicial powers, typically a court.

: a writ commanding a person to appear in court to testify as a witness.

Writs were developed over time as a way for authorities?legal and otherwise?to direct others to perform specific actions. This means that a modern-day writ provides an order from a higher to a lower court, from a court to an individual or other entity, or from a government agency to another party.

In common law, a writ (Anglo-Saxon gewrit, Latin breve) is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and Certiorari are common types of writ, but many forms exist and have existed.

Finally, habeas corpus is used to determine preliminary matters in criminal cases, such as: (i) an adequate basis for detention; (ii) removal to another federal district court; (iii) the denial of bail or parole; (iv) a claim of double jeopardy; (v) the failure to provide for a speedy trial or hearing; or (vi) the

Generally. ?A writ of mandamus is an extraordinary court order to 'a board, corporation, inferior court, officer or person commanding the performance of a specified official duty imposed by law. '? In re T.H.T., 362 N.C. 446, 453 (2008) (citation omitted).

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Charlotte North Carolina Application and Writ of Habeas Corpus Ad Testificandum