Under the Uniform Post-Conviction Procedure Act, a person who has been convicted of and sentenced for a crime may institute a proceeding applying for relief upon specified grounds. A proceeding is commenced by filing an application with the clerk of the court in which the conviction and sentence took place. The application may be considered by any judge of the court in which the conviction took place.
Contra Costa California Motion to Reopen Petition for Post Conviction Relief
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State:
Multi-State
County:
Contra Costa
Control #:
US-03354BG
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Word;
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How to fill out Motion To Reopen Petition For Post Conviction Relief?
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FAQ
To file your documents in Contra Costa County, you should go through the appropriate clerk's office in either the Superior Court or the federal district court, depending on your case. This can vary based on the nature of your motion, particularly when seeking a Contra Costa California Motion to Reopen Petition for Post Conviction Relief. Ensuring that you file in the right location helps streamline your process and reduces possible delays.
Reconsideration is an administrative process where another person from the same agency will review the claim. This is a rather redundant process, and most reconsideration cases are also denied before being sent to the hearing level.
According to said rule, both for the motion for new trial as well as for the motion for reconsideration, only one period is granted, namely, 15 days.
How to vacate your judgment Fill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135 ). File it with the small claims court clerk. Pay the filing fee. If you cannot afford the fee, ask for a fee waiver. The clerk will give you a date for your hearing.
Lawyers and judges often used the shorthand phrase Code of Civil Procedure section 1008 motion to refer to a motion for reconsideration that, among other things, must be brought within a tight timeframe ten days from notice of entry of the order.
Orders (form FL-306) (b) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
Grounds of and period for filing motion for reconsideration. Within the period for taking an appeal, the aggrieved party may move for reconsideration upon the grounds that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.
Step 1: Make Sure You've Met the Requirements for a Default.Step 2: Decide How You Wish to Proceed.Step 3: Complete the Necessary Forms.Step 4: Complete Your Declaration in Support of Default Judgment.Step 5: Calculate Prejudgment Interest, if Appropriate.Step 6: Copy and Assemble Your Documents.
You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to reconsider. The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law. The requirements are very specific.
It should say why you need the continuance. Explain how you can better present evidence in your case if you have more time. Explain some of what you want to tell the court, in case you do not get a continuance. Explain why not getting the continuance will harm you or someone else.
