California Order of Remand on Writ of Procedendo

Category:
State:
Multi-State
Control #:
US-01767
Format:
Word; 
Rich Text
Instant download

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

The coordination trial judge may at any time remand a coordinated action or any severable claim or issue in that action to the court in which the action was pending at the time the coordination of that action was ordered.

There are three main types of writs: writs of mandate (sometimes called ?mandamus?), writs of prohibition, and writs of review (sometimes called ?certiorari?).

Opposing writ petitions In any event, within 10 days after the petition for writ of mandate/prohibition/certiorari is filed, the respondent or any real party in interest may (separately or jointly) file and serve a preliminary opposition.

A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that the they perform an act or cease to act where the court finds that an official law, duty or judgment requires them to do so.

In cases where there is no statutory deadline, the petition should be filed within 30 days when challenging an action in a misdemeanor case, or within 60 days in a felony case. (American Property Management Corp. v. Superior Court (2012) 206 Cal.

?A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which ...

(b) Return or opposition; reply (3) Unless the court orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed.

If you decide to respond, you will have to pay the current filing fee. If you decide not to respond, then after 30 days from the date you were served with the Petition, the other party can enter you into a default status (which means that you can no longer respond).

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California Order of Remand on Writ of Procedendo