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Should a respondent meet with an applicant before the court case?
Ask your attorney before you do anything.
Is it mandatory to appear in NC court for reckless driving ticket?
Yes it is mandatory to appear in an NC court for reckless driving. It is recommended you engage an attorney to appear with you.
What to do if a respondent fails to serve the appellant a copy of his sworn statement as directed by the court?
Go and see your attorney (lawyer) about your options.Another View: If you were under the court's order to produce the statement and you failed to do so, you are in contempt of court.
What is respondent in a federal court?
The respondent is the person or group accused or sued.
If you are unable to appear in court for medical reasons can you assign someone as a Power of Attorney in a family court?
YES
Who would be present at a court case?
That is a bit vague, but in general, the players are: The Judge The plaintiff and/or their attorney (civil) or a prosecutor (criminal) The defendant/respondent and/or their attorney The various court personnel like the bailiff and clerk Possibly a jury. Other citizens waiting their turn or court watching. Possibly reporters.
If you already report an illegal alien that is working and is planning to get married for papers what is the estimated time for the ICE to arrest and deport?
ICE is the part of the government responsible for enforcing immigration laws. If ICE determines that a person has violated immigration law, it will initiate deportation proceedings. The very first thing that ICE will do is refer the case to the Office of the Chief Counsel. The Office of the Chief Counsel prosecutes immigration cases.The Chief Counsel will issue a Notice to Appear to the alien. A Notice to Appear is the official document used to inform the alien that ICE intends to have him or her removed from the United States. The Notice to Appear contains the allegations used to establish that the alien is no longer eligible to stay in the United States. The Notice to Appear will state the date, place, and time of the hearing. Sometimes the Notice to Appear will indicate that the date, place, and time of the hearing will be set at a later date.Second, the Immigration Court with jurisdiction over the case will issue a Notice of Hearing. If the Chief Counsel is situated in Detroit, Michigan, the Immigration Court in Detroit has jurisdiction over the case. The Notice of Hearing informs both the alien and the Chief Counsel of the date, place, and time of the hearing. If an alien fails to appear for his/her hearing, the judge will enter an order of removal in absentia. In other words, the judge will order the alien deported because he failed to appear in court to defend himself. Once a person is served with the Notice to Appear he must notify the appropriate ICE office and Immigration Court of any change of address. It is very important to do this. Many aliens make the unfortunate mistake of relying on a friend to forward the mail. If the alien misses a hearing because he fails to notify ICE of his new address, the alien will have to convince the judge to reopen his/her removal proceedings.Third, the alien will attend the first hearing which is called a "Master Calendar Hearing." Master Calendar Hearings are very informal. Typically, the courtrooms are filled with other people facing deportation. Each one will appear before the judge for no more than ten minutes. The purpose of the Master Calendar Hearing is to officially inform the alien of the reasons why ICE wants to deport him. At this point the alien is called a "Respondent" because he must respond to the Notice to Appear and convince the judge that he has a right to stay in the United States. Every person in the United States has a right to a fair hearing. This means that each Respondent has a right to have a translator present as well as an attorney. If the Respondent does not have an attorney, he must go to the Master Calendar Hearing without an attorney.The Respondent will have the opportunity to inform the judge that he needs more time to hire an attorney. The judge will grant a Respondent additional time to hire an attorney at his own expense. In other words, the U.S. government will not pay for the alien's legal representation.The court must also give the Respondent a list of non-profit organizations that offer free legal services.When the Respondent attends the next Master Calendar Hearing he must inform the court of his legal basis for remaining in the United States.The Respondent or his attorney will submit all petitions and applications of relief to the judge. The attorney for the government sometimes opposes the submission.Usually, the Respondent's attorney will convince the judge to accept the petition and/or application.The judge will schedule an Individual Hearing date for the case, and will give the Respondent a formal warning of the consequences of his failure to appear at the Individual Hearing unless he can prove exceptional circumstances such as the death or serious illness of a close family member.It is not uncommon for the Immigration Court to change the hearing date and time. Again, it is very important for Respondents to notify the court of any changes of address to prevent miscommunications.If the Respondent decides that he/she does not want to continue his stay in the United States, his attorney may exercise the option to request voluntary departure.Fourth, the Respondent will attend the Individual Hearing. The Individual Hearing is much more formal than the Master Calendar Hearing. The judge will ask the Respondent if he still wants his lawyer to continue representing him and whether he requires a translator.Individual Hearings are very detailed. The judge will restate the charges against the Respondent and will review the exhibits that the attorneys have submitted in support of their cases. At this time, each attorney will have the opportunity to object to certain exhibits. The judge will then review the witness lists. After the judge reviews the exhibits and confirms that the witnesses will testify, she will ask the Respondent's attorney if the Respondent intends to make changes to the application.For example, if the Respondent filed an application for asylum and withholding, he may need to change a small detail, such as the date a particular event occurred.The judge will commence the trial after the Respondent has made the necessary changes. The Respondent will take the stand and the judge will instruct the Respondent to testify truthfully. The Respondent's attorney will ask him questions. The Respondent must answer truthfully and must only answer the questions asked of him. If the government's attorney believes that a particular question is inappropriate, he or she will make an objection. Only the judge has the authority to decide whether the question is appropriate.After the Respondent's attorney has finished asking questions, the attorney for the government will ask questions about what the Respondent has already stated. The government's attorney will also ask questions to demonstrate that the Respondent's testimony conflicts with any exhibits or statements made in the petition or application. The Respondent's attorney will have the opportunity to ask more questions in order to clarify any confusing or inconsistent statements made by the Respondent.If the Respondent has any witnesses to offer testimony, his /her attorney will call the witnesses to the stand. They are usually in the waiting room because they are not allowed to be present when the Respondent is on the stand.After the Respondent and all witness have testified, the judge will give the attorneys the opportunity to make closing arguments. The judge will render his/her decision after both attorneys have concluded closing arguments. Sometimes the judge requires additional time to consider the testimony. In such cases, the judge will require the Respondent to return and hear the decision.If the Respondent loses the case, he will decide whether or not to appeal the case to the Board of Immigration Appeals. Filing an appeal is a different process and most attorneys will require the Respondent to sign a new contract for legal services. Attorneys will require a new retainer fee as well. Going to immigration is very scary. An honest person with a good attorney will make the court process much easier.So it depends a lot of the time on how long it takes and whether or not the illegal wanted to appeal the decision, etc. But dont worry, ICE will take care of it all and the illegal alien will most likely be out quickly. The U.S. is getting much stricter when it comes to illegals now because the population is increasing too much and plus, we are in a recession and can't afford these extra people who don't pay taxes.
US Immigration Court Hearing for Removal Proceeding?
When you attend a removal or deportation hearing before an Immigration Judge, make sure that you walk into the courtroom accompanied by the most experienced and knowledgeable deportation defense attorney that you can find. Why? Because the government will be represented by an attorney who has probably appeared in hundreds, or even thousands, of deportation hearings.Removal proceedings begin when a respondent (typically an alien) is served with an administrative summons called a "Notice to Appear." The Notice to Appear is a dated document served by a U.S. immigration official (typically U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection) to a person suspected of entering the United States without inspection, remaining in the United States beyond the terms permitted by a visa, committing certain crimes which result in removability even if in lawful status, or otherwise being present in the United States unlawfully.Among other things, a Notice to Appear contains a numbered list of factual allegations against the respondent. For example, a typical Notice to Appear might state:You are not a citizen or resident of the United StatesYou are a citizen and national of [respondent's alleged home country]You were admitted to the United States on [month], [day] [year] as a B visitor for a period not to exceed 180 days.You remained in the United States beyond your term of admission.These factual allegations may also list any crimes allegedly committed by the respondent in the United States, whether the respondent previously filed any applications with United States Citizenship and Immigration Services and their disposition, and if the respondent presently holds or previously held any lawful status. The Notice to Appear also contains a charge of removability, which is often a reference to which section of the Immigration and Nationality Act that DHS is attempting to use to remove the respondent. The Notice to Appear may or may not contain a court date for the respondent to appear and answer the charges contained therein. If no court date is listed, the respondent may be notified of the court date by mail or in person at a future date.Failure to appear for a removal hearing will result in an in absentiaorder of removal being entered by the Immigration Judge absent extenuating circumstances for the respondent's failure to appear, such as a serious illness.
What happens if the respondent didn't sign the separation agreement in a contested divorce because the respondent could not be found to be served?
Depending on the state - there are several different methods of handling this. You should contact your attorney or the court that granted the divorce that handled it for advice and guidance.
What actors and actresses appeared in Supreme Court Oral Arguments - 2000?
The cast of Supreme Court Oral Arguments - 2000 includes: Samuel Alito as Himself - Justice Ruth Bader Ginsburg as Herself - Justice David Boies as Himself - Attorney for Respondent Walter Dellinger as Himself - Attorney for Petitioners Alan Gura as Himself - Attorney for Respondent Ted Olson as himself John Paul Stevens as Himself - Justice William Rehnquist as Himself - Chief Justice of the United States Antonin Scalia as Himself - Justice
What can you do when a respondent does not pay upon court order?
File a motion with the court citing them for contempt of court.
Does a Florida court have jurisdiction over a respondent that lives in Georgia?
Not if it is only a State Court.
