Nebraska Harvey Waiver

Category:

Criminal - Releases

State:

Multi-State

Control #:

US-02059BG

Format:

Instant download

Description

A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In order to qualify for treatment as a motion to alter or amend a judgment, a motion must be filed no later than 10 days after the entry of judgment and must seek substantive alteration of the judgment.

(3) The obligor may provide written application for termination of a child support order when the child being supported reaches nineteen years of age, marries, dies, or is otherwise emancipated. The application shall be filed with the clerk of the district court where child support was ordered.

For judgments and written contracts, there is a five-year statute of limitations. The following chart lists additional time limits for various civil actions in Nebraska.

The judge enters a default judgment in favor of the plaintiff in cases where the defendant receives a copy of the plaintiff´s claim form but fails to show up in court at the time set for trial.

If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.

If the judge finds that person is in contempt, the judge will sentence that person to a jail sentence; but will allow him/her a chance to be released from jail by following a purge plan. A purge plan gives the person an opportunity to come into compliance with the court order.

An appellant must file his or her notice of appeal and deposit with the clerk of the district court the docket fee required by section 33-103 within 30 days of the entry of the order from which the appeal is taken.