These slides contain the introduction of the Civil Procedure Code and other important Sections, Orders and Rules. Associate and beginners of the law need knowhow about CPC and procedures of the courts.
This document is a motion filed by the defense attorney Ruth C. Rose seeking pre-trial discovery from the prosecution related to two police officers - Deputy Clotworthy and Sergeant Smith - who were involved in the arrest of the defendant Belvin Pugh. The motion requests access to complaints against the officers, any discipline imposed as a result of investigations into complaints, and any other exculpatory or impeaching evidence within the meaning of Brady v. Maryland. It also seeks information from any civil service commission hearings involving the officers related to the alleged misconduct. The motion is made on the grounds that the defendant denies the version of events described in the police report and contends the officers falsified probable cause, and this discovery could provide impeach
Attachment Trustee Process & ExecutionMikeProsser
Slideshow from presentation to District Court Clerk-Magistrates and Asst. Clerk-Magistrates intended to promote understanding of the topics from both an "in court" and "out of court" perspective.
Government’s response to defendant’s petition for review of magistrate’s repo...Cocoselul Inaripat
This document is the government's response to the defendant's petition for review of the magistrate's order denying bond and ordering pretrial detention. The government argues that the defendant has not demonstrated any new information warranting reopening of the detention hearing. It also argues the magistrate's findings that the defendant poses a flight risk were not clearly erroneous. The government asserts the defendant's petition should be denied.
Government’s response to defendant’s petition for review of magistrate’s repo...Cocoselul Inaripat
This document is the government's response to the defendant's petition to review the magistrate's order denying bond and granting pretrial detention. The government argues that the defendant has not demonstrated any new information that was unknown at the time of the initial detention hearing that would warrant reopening the hearing. Specifically, the government states that the defendant was aware of the investigation and charges against him at the initial hearing and that his personal background and circumstances have not changed. Therefore, the defendant is not legally entitled to have the detention hearing reopened or the magistrate's order reviewed.
This document discusses the concept of a lawsuit and the importance of pleadings in civil litigation. It provides definitions and explanations of key terms like pleading, plaint, and written statement. The main points are:
1) Pleadings are the formal written statements that define the issues in a civil lawsuit. They help narrow the matters in dispute and prevent surprises at trial.
2) The main types of pleadings are the plaint, which is the plaintiff's statement of claims, and the written statement, which is the defendant's reply and defenses.
3) Pleadings must be confined to material facts and prevent irrelevant information. Their purpose is to ascertain the exact matters in disagreement to facilitate appropriate evidence and
This document is a court opinion from the District Court of Appeal of Florida regarding a petition for writ of certiorari filed by Andrea Kidder seeking to quash a discovery order requiring her to disclose the results of a blood alcohol test. The court denied the petition, finding that under Florida Rule of Criminal Procedure 3.220(d)(1)(B)(ii), Kidder was required to disclose the results of the scientific blood alcohol test to the prosecution as part of the reciprocal discovery process after electing to participate in discovery. The court rejected Kidder's argument that the test results were protected work product, determining that the rule requires disclosure of scientific test results regardless of whether the expert conducting the test will be called as a witness.
The civil proceeding in Bangladesh in an adversarial system which means the whole process is a contest between two parties, namely, plaintiff and defendant. The court plays non partisan role. Civil proceedings is regulated by the Code of Civil Procedure, 1908. The various stages of Civil proceeding may be discussed under the following heads:
a) Pre-trial stage
b) Trial stage
c) Post Trial stage
These slides contain the introduction of the Civil Procedure Code and other important Sections, Orders and Rules. Associate and beginners of the law need knowhow about CPC and procedures of the courts.
This document is a motion filed by the defense attorney Ruth C. Rose seeking pre-trial discovery from the prosecution related to two police officers - Deputy Clotworthy and Sergeant Smith - who were involved in the arrest of the defendant Belvin Pugh. The motion requests access to complaints against the officers, any discipline imposed as a result of investigations into complaints, and any other exculpatory or impeaching evidence within the meaning of Brady v. Maryland. It also seeks information from any civil service commission hearings involving the officers related to the alleged misconduct. The motion is made on the grounds that the defendant denies the version of events described in the police report and contends the officers falsified probable cause, and this discovery could provide impeach
Attachment Trustee Process & ExecutionMikeProsser
Slideshow from presentation to District Court Clerk-Magistrates and Asst. Clerk-Magistrates intended to promote understanding of the topics from both an "in court" and "out of court" perspective.
Government’s response to defendant’s petition for review of magistrate’s repo...Cocoselul Inaripat
This document is the government's response to the defendant's petition for review of the magistrate's order denying bond and ordering pretrial detention. The government argues that the defendant has not demonstrated any new information warranting reopening of the detention hearing. It also argues the magistrate's findings that the defendant poses a flight risk were not clearly erroneous. The government asserts the defendant's petition should be denied.
Government’s response to defendant’s petition for review of magistrate’s repo...Cocoselul Inaripat
This document is the government's response to the defendant's petition to review the magistrate's order denying bond and granting pretrial detention. The government argues that the defendant has not demonstrated any new information that was unknown at the time of the initial detention hearing that would warrant reopening the hearing. Specifically, the government states that the defendant was aware of the investigation and charges against him at the initial hearing and that his personal background and circumstances have not changed. Therefore, the defendant is not legally entitled to have the detention hearing reopened or the magistrate's order reviewed.
This document discusses the concept of a lawsuit and the importance of pleadings in civil litigation. It provides definitions and explanations of key terms like pleading, plaint, and written statement. The main points are:
1) Pleadings are the formal written statements that define the issues in a civil lawsuit. They help narrow the matters in dispute and prevent surprises at trial.
2) The main types of pleadings are the plaint, which is the plaintiff's statement of claims, and the written statement, which is the defendant's reply and defenses.
3) Pleadings must be confined to material facts and prevent irrelevant information. Their purpose is to ascertain the exact matters in disagreement to facilitate appropriate evidence and
This document is a court opinion from the District Court of Appeal of Florida regarding a petition for writ of certiorari filed by Andrea Kidder seeking to quash a discovery order requiring her to disclose the results of a blood alcohol test. The court denied the petition, finding that under Florida Rule of Criminal Procedure 3.220(d)(1)(B)(ii), Kidder was required to disclose the results of the scientific blood alcohol test to the prosecution as part of the reciprocal discovery process after electing to participate in discovery. The court rejected Kidder's argument that the test results were protected work product, determining that the rule requires disclosure of scientific test results regardless of whether the expert conducting the test will be called as a witness.
The civil proceeding in Bangladesh in an adversarial system which means the whole process is a contest between two parties, namely, plaintiff and defendant. The court plays non partisan role. Civil proceedings is regulated by the Code of Civil Procedure, 1908. The various stages of Civil proceeding may be discussed under the following heads:
a) Pre-trial stage
b) Trial stage
c) Post Trial stage
This document provides background on the void-for-vagueness doctrine, prosecutorial discretion, and equal protection as they relate to a recent Ohio Supreme Court case, In re D.B. It discusses that laws can be unconstitutionally vague if they fail to provide clear guidelines to allow ordinary people to understand what conduct is prohibited or if they authorize arbitrary enforcement. Prosecutors have broad discretion in charging decisions as long as they are not based on impermissible classifications like race or religion. The document then analyzes In re D.B., finding that while the court correctly overturned the conviction on substantive due process grounds, it erred in also finding an equal protection violation, as prosecutors have discretion to charge similarly situated individuals differently.
Notes on CPC part 1(Self)-I For Lecture.pptDarshni18
The document provides an overview of the Civil Procedure Code of 1908 in India. It discusses key sections and orders of the Code pertaining to parties to a suit, pleadings, plaint and written statement. The Code aims to consolidate laws around civil procedure and provides fundamental principles to establish jurisdiction as well as detailed rules for courts to exercise jurisdiction. It defines important terms and discusses necessary and proper parties to a suit. The orders cover pleadings, contents of plaint and written statement, amendments, rejection of plaint, and provisions for set-off and counter claim.
The decision by the U.S. District Court for the Southern District of Ohio. EQT had leased land from Alex Cooper, et al with an initial five-year term. The lease provided for a five-year extension. It also required EQT to drill at least one well on/under the property during the first five-year lease. EQT failed to drill a well in the first term but instead elected to extend the lease for an additional five years. The federal judge found that EQT has the right to extend the lease even if they didn't drill a well during the first term.
Report and Recommendation of US Magistrate Judge Todd Spodek
The United States Magistrate Judge submitted a Report and Recommendation to the District Court regarding the case of the United States of America vs. Raul Gonzalez-Torres. The defendant pled guilty to conspiracy to possess with intent to distribute more than 500 grams of cocaine. The Magistrate Judge found that the defendant entered the plea freely and voluntarily with an understanding of the charges and penalties. The Magistrate Judge recommended that the District Court accept the guilty plea and, after reviewing the pre-sentence investigation report, enter a final judgment of guilty against the defendant.
1) Sean Eberhart agreed to plead guilty to one count of conspiracy to commit honest services fraud.
2) If convicted, Eberhart faces a maximum penalty of 5 years in prison, a $250,000 fine, and 3 years of supervised release.
3) The plea agreement states that the government will recommend a sentence at the low end of the guideline range if Eberhart accepts responsibility, does not commit new crimes before sentencing, and complies with terms of pre-trial release.
This document is an order from a United States District Court regarding cross-motions for summary judgment in a case involving a plaintiff who was imprisoned at a halfway house operated by the defendant. The court provides background on the case, including that the plaintiff sued over alleged unlawful seizure of his property and constitutional violations. The court evaluates the motions using the standard for summary judgment, granting the defendant's motion and denying the plaintiff's motion.
The document provides an overview of the key stages of a civil suit under the Code of Civil Procedure, 1908 in India. It discusses the following main stages:
1) Institution of a suit through filing of a plaint.
2) Issuance and service of summons to the defendant.
3) Filing of a written statement by the defendant.
4) Framing of issues by the court based on the plaint and written statement.
5) Trial through examination of witnesses and presentation of evidence by both parties.
6) Arguments from both sides.
7) Pronouncement of judgment by the court.
8) Drawing up of a decree based
Conduct of arbitral proceeding part 2 vaibhav goyalVaibhav Goyal
Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.
DRAFTING PLEADING AND CONVEYANCING THIS FILE IS GOOD AND EXCELLENT OPPORTUNITY AND THE PRACTICAL FILE THIS FILE MAY BE USE IN LL.B 5 SEM 6 PAPER AND THE FILE QUALITY IS VERY GOOD
The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. Courts may allow parties to amend pleadings under certain terms and conditions. A plaint can be rejected if it does not disclose a cause of action, the relief claimed is below the court's value, if it is insufficiently stamped, or if the suit is barred by limitation. Summons are issued by the court calling a person to appear, and must contain their full name, case details, court address, and office seal
The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. The court can allow amendments to pleadings if necessary to determine the real issues in the case. A plaint can be rejected for reasons like failure to disclose a cause of action or being barred by limitation. A summons is a document issued by the court to require a person's appearance and contains their name, case details, and court address.
Government’s response to defendant traian bujduveanu’s motion for severanceCocoselul Inaripat
This document is a response from the United States government opposing a motion for severance filed by defendant Traian Bujduveanu. The government argues that Bujduveanu and his co-defendant Hassan Saied Keshari were properly joined under Rule 8(b) as they are alleged to have participated in the same conspiracy involving violating trade embargoes with Iran and export control laws. The government also contends that Bujduveanu has not pointed to any specific evidence or statements that would unfairly prejudice him to the point of warranting a separate trial under Bruton or due to spillover evidence from his co-defendant's case.
Government’s response to defendant traian bujduveanu’s motion for severanceCocoselul Inaripat
This document is a response by the United States government opposing a motion for severance filed by defendant Traian Bujduveanu. Bujduveanu and co-defendant Hassan Saied Keshari were indicted for conspiracy to violate sanctions against Iran and export restrictions on arms. The government argues that severance is not warranted, as Bujduveanu fails to cite any specific statements or evidence that would unfairly prejudice him. Joinder of the defendants was proper under the rules as they were alleged to have participated in the same conspiracy. A joint trial is also presumed appropriate for co-conspirators.
This order rules on the defendants' request for judicial notice in a case about the Honolulu High-Capacity Transit Corridor Project. The court grants the request to take judicial notice of exhibits A, B, and C, which are the Draft Environmental Impact Statement, Final Environmental Impact Statement, and Record of Decision, as they are incorporated into the complaint by reference. The court also grants the request to take judicial notice of the existence of other exhibits consisting of public records, but does not take judicial notice of the defendants' descriptions of those exhibits.
The document discusses the arbitration process between EPS and GI regarding a death insurance claim.
1) EPS must first appoint an arbitrator and notify GI within 30 days. If they fail to do so, either party can request the court to appoint an arbitrator.
2) Once appointed, the arbitrator will hold preliminary meetings to discuss procedures, dates, and evidence. They will then conduct hearings where both sides can present their case.
3) The arbitrator will make a final decision on whether the death was accidental or suicide based on the evidence provided. This decision will settle the insurance claim dispute between EPS and GI.
This document provides an overview of key elements involved in suits for specific performance of contracts under Indian law. It discusses:
1. Validity of contracts and agreements of sale that can be subject to specific performance suits.
2. Requirements for plaintiffs to demonstrate readiness and willingness to perform their obligations from the date of the contract through the court's decree.
3. Courts' discretion in granting specific performance relief based on factors like the parties' conduct, fairness, and availability of alternative remedies.
Timeliness of filing suits, treatment of time stipulations in contracts, and adding or removing parties are also addressed. The document analyzes several relevant court cases on these topics.
Pleadings and motions العريضة والطلبات امام المحاكم الامريكية ezzeldin bassyouni
Pleadings and motions are formal written statements filed with the court that inform all parties of the claims and requests being made. There are seven types of pleadings allowed under federal rules, including complaints, answers to complaints, and replies to answers. Pleadings can be categorized as either notice pleadings, which provide allegations to give notice of the lawsuit, or fact pleadings, which provide specific facts. Motions are formal requests made to the judge, such as motions to dismiss a case or motions for temporary restraining orders.
Discovery and interrogatories allow parties to obtain relevant information from opponents to assess their cases. Discovery concerns obtaining documents, while interrogatories involve answering questions under oath. The court has discretion to order discovery and interrogatories if necessary for fair case disposal or cost savings. Privileged documents like legal advice are exempt from discovery. Parties have duties to conduct thorough searches and provide full, truthful answers throughout proceedings. Non-compliance can result in sanctions like dismissing claims or defenses.
This document provides background on the void-for-vagueness doctrine, prosecutorial discretion, and equal protection as they relate to a recent Ohio Supreme Court case, In re D.B. It discusses that laws can be unconstitutionally vague if they fail to provide clear guidelines to allow ordinary people to understand what conduct is prohibited or if they authorize arbitrary enforcement. Prosecutors have broad discretion in charging decisions as long as they are not based on impermissible classifications like race or religion. The document then analyzes In re D.B., finding that while the court correctly overturned the conviction on substantive due process grounds, it erred in also finding an equal protection violation, as prosecutors have discretion to charge similarly situated individuals differently.
Notes on CPC part 1(Self)-I For Lecture.pptDarshni18
The document provides an overview of the Civil Procedure Code of 1908 in India. It discusses key sections and orders of the Code pertaining to parties to a suit, pleadings, plaint and written statement. The Code aims to consolidate laws around civil procedure and provides fundamental principles to establish jurisdiction as well as detailed rules for courts to exercise jurisdiction. It defines important terms and discusses necessary and proper parties to a suit. The orders cover pleadings, contents of plaint and written statement, amendments, rejection of plaint, and provisions for set-off and counter claim.
The decision by the U.S. District Court for the Southern District of Ohio. EQT had leased land from Alex Cooper, et al with an initial five-year term. The lease provided for a five-year extension. It also required EQT to drill at least one well on/under the property during the first five-year lease. EQT failed to drill a well in the first term but instead elected to extend the lease for an additional five years. The federal judge found that EQT has the right to extend the lease even if they didn't drill a well during the first term.
Report and Recommendation of US Magistrate Judge Todd Spodek
The United States Magistrate Judge submitted a Report and Recommendation to the District Court regarding the case of the United States of America vs. Raul Gonzalez-Torres. The defendant pled guilty to conspiracy to possess with intent to distribute more than 500 grams of cocaine. The Magistrate Judge found that the defendant entered the plea freely and voluntarily with an understanding of the charges and penalties. The Magistrate Judge recommended that the District Court accept the guilty plea and, after reviewing the pre-sentence investigation report, enter a final judgment of guilty against the defendant.
1) Sean Eberhart agreed to plead guilty to one count of conspiracy to commit honest services fraud.
2) If convicted, Eberhart faces a maximum penalty of 5 years in prison, a $250,000 fine, and 3 years of supervised release.
3) The plea agreement states that the government will recommend a sentence at the low end of the guideline range if Eberhart accepts responsibility, does not commit new crimes before sentencing, and complies with terms of pre-trial release.
This document is an order from a United States District Court regarding cross-motions for summary judgment in a case involving a plaintiff who was imprisoned at a halfway house operated by the defendant. The court provides background on the case, including that the plaintiff sued over alleged unlawful seizure of his property and constitutional violations. The court evaluates the motions using the standard for summary judgment, granting the defendant's motion and denying the plaintiff's motion.
The document provides an overview of the key stages of a civil suit under the Code of Civil Procedure, 1908 in India. It discusses the following main stages:
1) Institution of a suit through filing of a plaint.
2) Issuance and service of summons to the defendant.
3) Filing of a written statement by the defendant.
4) Framing of issues by the court based on the plaint and written statement.
5) Trial through examination of witnesses and presentation of evidence by both parties.
6) Arguments from both sides.
7) Pronouncement of judgment by the court.
8) Drawing up of a decree based
Conduct of arbitral proceeding part 2 vaibhav goyalVaibhav Goyal
Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.
DRAFTING PLEADING AND CONVEYANCING THIS FILE IS GOOD AND EXCELLENT OPPORTUNITY AND THE PRACTICAL FILE THIS FILE MAY BE USE IN LL.B 5 SEM 6 PAPER AND THE FILE QUALITY IS VERY GOOD
The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. Courts may allow parties to amend pleadings under certain terms and conditions. A plaint can be rejected if it does not disclose a cause of action, the relief claimed is below the court's value, if it is insufficiently stamped, or if the suit is barred by limitation. Summons are issued by the court calling a person to appear, and must contain their full name, case details, court address, and office seal
The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. The court can allow amendments to pleadings if necessary to determine the real issues in the case. A plaint can be rejected for reasons like failure to disclose a cause of action or being barred by limitation. A summons is a document issued by the court to require a person's appearance and contains their name, case details, and court address.
Government’s response to defendant traian bujduveanu’s motion for severanceCocoselul Inaripat
This document is a response from the United States government opposing a motion for severance filed by defendant Traian Bujduveanu. The government argues that Bujduveanu and his co-defendant Hassan Saied Keshari were properly joined under Rule 8(b) as they are alleged to have participated in the same conspiracy involving violating trade embargoes with Iran and export control laws. The government also contends that Bujduveanu has not pointed to any specific evidence or statements that would unfairly prejudice him to the point of warranting a separate trial under Bruton or due to spillover evidence from his co-defendant's case.
Government’s response to defendant traian bujduveanu’s motion for severanceCocoselul Inaripat
This document is a response by the United States government opposing a motion for severance filed by defendant Traian Bujduveanu. Bujduveanu and co-defendant Hassan Saied Keshari were indicted for conspiracy to violate sanctions against Iran and export restrictions on arms. The government argues that severance is not warranted, as Bujduveanu fails to cite any specific statements or evidence that would unfairly prejudice him. Joinder of the defendants was proper under the rules as they were alleged to have participated in the same conspiracy. A joint trial is also presumed appropriate for co-conspirators.
This order rules on the defendants' request for judicial notice in a case about the Honolulu High-Capacity Transit Corridor Project. The court grants the request to take judicial notice of exhibits A, B, and C, which are the Draft Environmental Impact Statement, Final Environmental Impact Statement, and Record of Decision, as they are incorporated into the complaint by reference. The court also grants the request to take judicial notice of the existence of other exhibits consisting of public records, but does not take judicial notice of the defendants' descriptions of those exhibits.
The document discusses the arbitration process between EPS and GI regarding a death insurance claim.
1) EPS must first appoint an arbitrator and notify GI within 30 days. If they fail to do so, either party can request the court to appoint an arbitrator.
2) Once appointed, the arbitrator will hold preliminary meetings to discuss procedures, dates, and evidence. They will then conduct hearings where both sides can present their case.
3) The arbitrator will make a final decision on whether the death was accidental or suicide based on the evidence provided. This decision will settle the insurance claim dispute between EPS and GI.
This document provides an overview of key elements involved in suits for specific performance of contracts under Indian law. It discusses:
1. Validity of contracts and agreements of sale that can be subject to specific performance suits.
2. Requirements for plaintiffs to demonstrate readiness and willingness to perform their obligations from the date of the contract through the court's decree.
3. Courts' discretion in granting specific performance relief based on factors like the parties' conduct, fairness, and availability of alternative remedies.
Timeliness of filing suits, treatment of time stipulations in contracts, and adding or removing parties are also addressed. The document analyzes several relevant court cases on these topics.
Pleadings and motions العريضة والطلبات امام المحاكم الامريكية ezzeldin bassyouni
Pleadings and motions are formal written statements filed with the court that inform all parties of the claims and requests being made. There are seven types of pleadings allowed under federal rules, including complaints, answers to complaints, and replies to answers. Pleadings can be categorized as either notice pleadings, which provide allegations to give notice of the lawsuit, or fact pleadings, which provide specific facts. Motions are formal requests made to the judge, such as motions to dismiss a case or motions for temporary restraining orders.
Discovery and interrogatories allow parties to obtain relevant information from opponents to assess their cases. Discovery concerns obtaining documents, while interrogatories involve answering questions under oath. The court has discretion to order discovery and interrogatories if necessary for fair case disposal or cost savings. Privileged documents like legal advice are exempt from discovery. Parties have duties to conduct thorough searches and provide full, truthful answers throughout proceedings. Non-compliance can result in sanctions like dismissing claims or defenses.
Designation Notice from the US MarshallsTodd Spodek
Kazeem Raheem was designated to serve his sentence at FCI Fort Dix in New Jersey. He was sentenced on May 23, 2023 for fraud and was arrested on October 13, 2021. Raheem agreed to voluntarily surrender to FCI Fort Dix on July 24, 2023 to serve his sentence.
Written Waiver of Indictment in Federal CourtTodd Spodek
The defendant is waiving their right to be prosecuted by a grand jury indictment and instead consenting to be prosecuted by information. They acknowledge being advised in open court of their rights and the nature of the charges against them, which are punishable by more than one year of imprisonment. The defendant, their attorney, and the judge must all sign to finalize the waiver of indictment.
The document provides an overview of the policies and procedures of the Brooklyn Treatment Court. It begins with an introduction describing the court's mission to provide treatment alternatives to incarceration for nonviolent offenders with substance use disorders. It then outlines the court's 10 key components, which integrate substance abuse treatment with the legal process. This includes identifying and promptly referring eligible participants to treatment, monitoring abstinence through frequent drug testing, using incentives and sanctions to encourage compliance, and ongoing judicial supervision and evaluation. The document provides details on various aspects of the treatment court model and how it aims to help participants achieve long-term recovery and reduce recidivism.
Third Party Verification Form Jan 2021.pdfTodd Spodek
This document is a verification form for third-party/co-sureties in pretrial services in the Western District of Texas. It collects information such as the name, address, phone number, citizenship status, employer, and relationship to the defendant of the third-party/co-surety. It also asks if the third-party/co-surety has ever been arrested or convicted of an offense, details of their residence, assets, liabilities, and any medical conditions that could prevent them from serving as a third-party custodian.
This document provides instructions for persons referred to the U.S. Probation Office following a conviction. It instructs them to complete paperwork, including a worksheet, financial forms, and authorization forms to release confidential information. It requests copies of documents like identification, education records, medical records, tax returns, and employment verification to assist in the presentence investigation. It provides contact information for the probation office and supervisory probation officers for scheduling a presentence interview within 14 days of the guilty plea or verdict.
Advice of Penalties and Sanctions RE Release.pdfTodd Spodek
This document outlines penalties and sanctions for violating conditions of pretrial release. It states that violating conditions of release could result in an arrest warrant, revocation of release, detention, bond forfeiture, and prosecution for contempt of court, and may result in imprisonment, fines, or both. It also outlines additional penalties for committing crimes while on release and for failing to appear in court as required. These penalties include additional consecutive prison sentences and fines of up to $250,000. Intimidating or retaliating against witnesses is also explained as a serious federal crime with penalties of up to 10 years in prison and $250,000 in fines.
Declaration of Passport and Other Travel Documents Todd Spodek
The document is a declaration regarding passports and travel documents filed in a United States District Court case. It contains four statements that a defendant or material witness may check, declaring whether they have been issued travel documents, are unable to locate any, have travel documents in possession of authorities, or have been issued travel documents and will surrender them. The declarant signs under penalty of perjury.
The United States Attorney's Office for the Eastern District of New York filed a notice of motion requesting the court's permission to file an information charging the defendant Zhibin Lai, also known as "Jason," with a crime based on his waiver of indictment by a grand jury. The motion was filed by a trial attorney from the Department of Justice's Fraud Section and notifies the court that the government will move for leave to proceed by information rather than indictment for the defendant, who is represented by attorney Todd Spodek.
The United States Attorney's Office for the Eastern District of New York filed a notice of motion requesting the court's permission to file an information against defendant Zhibin Lai, also known as "Jason," upon his waiver of indictment by a grand jury. If granted, this would allow Lai to be prosecuted by information rather than indictment for the criminal charges against him. The motion was filed on June 12, 2023 before the United States District Court for the Eastern District of New York.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
1. ANDERS CHECKLIST
Provide citations to the record, including the presentence report (PSR), and to relevant authority,
where appropriate, in the right hand column to demonstrate compliance by the district court and/or
the parties.
GUILTY PLEA - FED. R. CRIM. P. 11
(NOTE: May be pretermitted, per United States v. Garcia, 483 F.3d 289 (5th Cir. 2007), if the
record reflects that the defendant does not wish to challenge the guilty plea)
I. Advising and Questioning the Defendant - FED. R. CRIM. P. 11(b)(1)
(A) risk of perjury
(B) right to plead not guilty or persist in not-guilty plea
(C) right to a jury trial
(D) right to counsel at trial and every other stage
(E) certain specific rights at trial
(F) defendant’s waiver of trial rights
(G) nature of the charge
(H) maximum possible penalty
(I) mandatory minimum penalty
(J) any applicable forfeiture
(K) court’s authority to order restitution
(L) court’s obligation to impose a special assessment
(M) court’s obligation to calculate guidelines range and consider that
range, possible departures, and other 18 U.S.C. § 3553(a) factors
(N) terms of waiver of right to appeal or collaterally attack the sentence
(O) risk of removal, denial of citizenship, and denial of future admission
if convicted and not a U.S. citizen
II. Voluntariness of Plea - Rule 11(b)(2)
III. Plea’s Factual Basis - Rule 11(b)(3)
IV. Judicial Consideration of Plea Agreement - Rule 11(c)(3)
(advisory to defendant if plea agreement is of specified type)
2. V. Accepting Plea Agreement - Rule 11(c)(4)
(informing defendant that, to the extent agreement is of specified type,
the agreed disposition will be in the judgment)
VI. Enforcing Plea Agreement
(Government’s compliance with plea agreement, defense counsel’s
certification whether government intends to enforce appeal waiver, and
validity of appeal waiver)
SENTENCING - FED. R. CRIM. P. 32
(NOTE: May be pretermitted if the record reflects a valid, enforceable sentencing waiver)
I. Rule 32(e)(2) (disclosing the PSR)
II. Rule 32(i)(1) (verifying that defendant and counsel read and
discussed the PSR and any addendum to the PSR and allowing counsel
to comment on PSR and sentencing matters)
III. Rule 32(i)(3) (findings on disputed matters)
IV. Rule 32(i)(4) (allowing counsel and defendant to speak)
V. Rule 32(j)(1) (advising defendant of any right to appeal and right to
appeal in forma pauperis)
VI. Rule 32(k)(1) (judgment correctly sets forth plea, offense(s) of
conviction, and sentence)
VII. Calculation of sentence
Offense level calculation
(identify base offense level and any adjustments)
Criminal history calculation
(identify prior convictions and any additional points)
Advisory guidelines range
Statutory minimum or maximum, if any, term of imprisonment and
supervised release
Fine range, if fine was imposed; see U.S.S.G. § 5E1.2, and findings on
fine and on defendant’s ability to pay; see id.; 18 U.S.C. §§ 3571 &
3572
Restitution, if any
VIII. Imposition of sentence
Adequacy of reasons for sentence; 18 U.S.C. § 3553(c)
Substantive reasonableness of sentence
3. Absence of conflict between written judgment and oral
pronouncement of sentence, including with respect to special
conditions of supervised release, see United States v. Diggles, 957 F.3d
551 (5th Cir. 2020) (en banc)