North Dakota 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

There are no hard-and-fast rules as to the age at which a child is considered mature enough to testify as to a preference regarding residential responsibility. A court might find a ten year old in one case mature enough to express a preference, but find otherwise regarding a thirteen year old in another case.

Parents' Rights and Responsibilities in North Dakota Under North Dakota law, each parent has the following rights and responsibilities: the right to see (and get copies of) the child's educational, medical, dental, religious, insurance, and other records. the right to attend educational conferences concerning the child.

In a non-felony case, if the defendant pleads guilty without appearing in court, a written form must be used advising the defendant of his or her constitutional rights and creating a record showing that the plea was made voluntarily, knowingly, and understandingly.

An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief.

An order to show cause issued pursuant to section 27-10-07 may be made in the action or proceeding in or respecting which the offense was committed, either before or after the final judgment or order therein, and is equivalent to a notice of motion.

Primary Residential Responsibility - One parent has the children most or all of the time. The other parent may have specific parenting times and usually owes child support to the parent with primary residential responsibility.

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North Dakota Emergency Motion to Remand Cause