Florida 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

A deposition by oral examination or written questions and a subpoena duces tecum require fourteen days' written notice.

If a party called for hearing chooses to wait for an absent party, the matter will be passed over but shall retain its position on that day's calendar.

(b) DIVISION FOR A CIVIL ACTION. A party must begin an action in the division to which the action is most directly connected or in which the action is most conveniently advanced. The judge must transfer the action to the division most consistent with the purpose of this rule.

An emergency motion is a motion that is presented in court without the normal requisite notice. It is a special motion used for considering a decision quickly in order to avoid irreparable harm.

Before filing a motion in a civil action, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, or to certify a class, the movant must confer with the opposing party in a good faith effort to resolve the motion.

Local Rule 2.02(a):Lead Counsel. The first paper filed on behalf of a party must designate only one 'lead counsel' who ? unless the party changes the designation ? remains lead counsel throughout the action. Local Rule 4.03: An order referring a civil action to mediation must require attendance of lead counsel.

Local Rule 2.01 governs membership in the court's bar. Membership or special admission in the Middle District bar is necessary to practice in the Middle District.

Local Rule 3.04, Middle District of Florida, provides that a subpoena duces tecum requires fourteen days' written notice. ISSUANCE. A subpoena to obtain deposition testimony or other information from a non-party must issue from the court in the district where the action is pending.

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Florida Emergency Motion to Remand Cause