Santa Clara California Motion to Withdraw Funds from the Court's Registry

State:
Multi-State
County:
Santa Clara
Control #:
US-03349BG
Format:
Word; 
Rich Text
Instant download

Description

A court may, on proper application, permit a party in the possession of money (or other valuable item capable of delivery) to deposit the money in court for various reasons including:


" to relieve the depositor of the responsibility of the funds;

" to avoid placing one party at a severe advantage during the period of litigation; and

" to preserve the funds in controversy to ensure that the prevailing party may receive the money it is awarded.

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FAQ

A motion to withdraw a stipulation for the appointment of a referee must be supported by a declaration of facts establishing good cause for permitting the party to withdraw the stipulation.

The payments of funds or property to an officer of the court as a precautionary measure during the pendency of litigation. The amount placed with the court constitutes the acknowledged liability of a person who is uncertain as to whom he or she is liable.

The motion to withdraw is a formal request asking the court to let you take back your plea. If the judge grants it, the proceedings will effectively rewind back to the arraignment. Any deals you made with the prosecution are undone, and you get a new chance at the trial.

Location & Contact Info Main phone number: (408) 556-3000. Credit Card Payment 24/7 Phone Line: (408) 556-3000 option #5 then option #0. TDD: (408) 556-3012 (for hearing-impaired use only) For courtroom numbers, see below.

To pay the Court, mail a check, money order or cashier check to the address on your court paper. Do not mail cash. Make your check payable to: Clerk of the Superior Court. Write your court case number on your check in the memo area.

A scheduled motion may be taken off calendar by the moving party no later than on the third court day before the hearing, and thereafter only with the permission of the judge who is to hear the motion.

The California Rules of Court and mandatory court forms have made it remarkably simple for an attorney to file a motion to withdraw without having to reveal client confidences or air any attorney-client disputes.... Act promptly.Act respectfully but firmly.Document your position.Protect client confidentiality.

The moving party shall file with the Court, at least two (2) court days before the motion is to be heard, a notice of withdrawal of motion, which identifies the motion to be heard, the date it is scheduled to be heard, and that the moving party has withdrawn the motion, with or without prejudice.

Payments can be made in person or by mail to Clerk of the Court, PO Box 3360, Tampa FL 33601-3360. Please bring or mail a copy of the court order with the deposit. If you do not have a copy, you may obtain one by accessing the Hillsborough Online Viewing of Electronic Records (HOVER) system.

When money is awarded or contested in a court case, the Court may order for the monies to be placed into the Registry of the Court. The Registry is also where bond money is held for most criminal and civil cases.

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Santa Clara California Motion to Withdraw Funds from the Court's Registry