Fayetteville North Carolina Order of Remand

Name: Fayetteville North Carolina Order of Remand
Brand: US Legal Forms
Rating: 4.59 (312 reviews)

Category:

North Carolina Criminal - Orders

State:

North Carolina

City:

Fayetteville

Control #:

NC-CR-321

Format:

Instant download

This website is not affiliated with any governmental entity

Public form

Description

Order of Remand: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

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FAQ

Where to File the Form: You must file the petition with the Office of the Clerk of Superior Court in the North Carolina county in which you were convicted. If you now reside in a different county, you still must file the petition in the county of conviction.

Remand means that a higher court sends back, or returns a case to the lower court. Our law firm will frequently file a motion to remand a case back to state court. If the federal court decides that the case was not one in which removal was appropriate, it will remand the case back to the state court.

How much does an appeal cost? It usually costs $150 to file an appeal in court. You may not have to pay these court costs if you receive food stamps, Supplemental Security Income (SSI) or cannot afford this fee.

Remanded in Part - a portion of the judgment of the lower court was remanded. Reversed - changes to the contrary to opinion of the lower court/body. Reversed in Part - part of the judgment of the lower court was reversed. Vacated - sets aside the judgment of the lower court.

For each lawsuit, the plaintiff must pay a $96 filing fee to the clerk of court. You pay an additional $30 fee for each defendant to cover the cost of the sheriff getting the proper legal forms to the defendant.

Service by sheriff or other authorized person. If the respondent is served in North Carolina, the petition and notice of hearing must be served by the sheriff of the county in which the respondent is served or by some other person duly authorized by law to serve the petition and notice.

321 of the code. complainant at any time before a final order is passed satisfies the magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, then the magistrate may permit him to withdraw the same, and shall thereupon acquit the accused.

An example of a remand is the act of sending a court case back to a lower court for further action. Remand is defined as to send back. An example of to remand is to send a prisoner back to jail. To send back; order to go back.

A certificate of relief is a court order. It reflects the court's determination?after notice to the prosecutor and victim and, if requested by the court, investigation by a probation officer?that the petitioner should be granted relief. See G.S. 15A-173.4 (describing procedure for issuance of a certificate of relief).

Remanded Appeals A remanded appeal simply means that the case is sent back to the lower courts. This occurs when the appellate court finds that the lower court's judge made some error related to the laws or facts in your case.

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Under North Carolina law, property owners have 60 days after an annexation ordinance is adopted to challenge it in the courts.

It's illegal to adopt and enforce annexation ordinances in an area without a referendum. “The legislature has had the power to address this problem since the early 1800s,” says Tom Kinsey, who founded the group Common Sense North Carolina to oppose annexations. “They used that power. It's a political tool that they've used sparingly.” North Carolina's Department of Justice says it has not prosecuted an official for violating the law. “We have actually been successful in getting out of annexation agreements where there has been a violation of the constitution,” says D.C. attorney David Bevacqua, now special commissioner for the department's federal and state land cases. D.C. Attorney General Karl Racine says he would like to see more states take annexation seriously. It's an effective tool for states to control or consolidate counties or cities, but it has less to offer on the federal level.

Disclaimer
The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

Fayetteville North Carolina Order of Remand

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How do I petition the court in NC?

What is a request to remand?

How much does an appeal cost in NC?

What does it mean when a case is vacated and remanded?

How much does it cost to file a civil suit in NC?

How do I serve a notice of hearing in NC?

Can a case be withdrawn after Judgement?

What is an example of a remand?

What does a certificate of relief do in NC?

What does it mean for a decision to be remanded?

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