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Motion To Abate Proceedings Supporting Declaration And Exhibit - California
| Motion To Abate Proceedings Supporting Declaration And Exhibit Form. This is a California form and can be used in Court Of Appeal Court Of Appeals . |
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COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Plaintiff(s) -against: : : Index No. Calendar No. JUDICIAL SUBPOENA Attorney for Appellant : Defendant(s) COURT OF APPEAL OF THE STATE OF CALIFORNIA : ...................................................... ______________ APPELLATE DISTRICT PEOPLE OF THE STATE OF CALIFORNIA, TO THE PEOPLE OF THE STATE OF NEW YORK Plantiff and Respondent, GREETINGS: Crim. No. County Superior Court No. V. , WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of Defendant and Appellant. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the MOTION TO ABATE PROCEEDINGS; SUPPORTING DECLARATION AND EXHIBIT Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a TO THE HONORABLE ________________________, PRESIDING JUSTICE, AND TO THE result of your failure to comply. HONORABLE ASSOCIATE JUSTICES OF THE COURT OF APPEAL OF THE STATE OF CALIFORNIA, _________ APPELLATE DISTRICT: Court in Witness, Honorable County, , one of the Justices of the day of , 20 I, _________________, am appointed to represent appellant ______________ in the above-referenced appeal. Appellant, through appointed attorney, hereby applies(Attorney must sign above and type name below) abated on to have all proceedings in this case the ground that appellant is deceased. When a party dies while an appeal is pending from conviction, the cause should be permanently abated and dismissed. The superior court should be directed to enter its order to that effect. (See In re Jackson Office and P.O. Address Attorney(s) for (1985) 39 Cal.3d 464, 480, citing People v. Dail (1943) 22 Cal.2d 642, 659; People v. de St. Maurice (1913) 166 Cal. 201, 202.) Telephone No.: Facsimile No.: E-Mail the case Since appellant has died before a decision of this court is final, Address: should be permanently Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com abated and the appeal dismissed. COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : : : : Index No. Calendar No. DECLARATION OF APPELLATE COUNSEL Plaintiff(s) I, _______________, declare under penalty of perjury as follows: -against- JUDICIAL SUBPOENA 1. I was appointed represent appellant on appeal from a conviction on ______________. 2. On ______________, I learned that appellant is deceased. : 3. On ______________, I contacted prison Defendant(s) __________________, to obtain information officials at : ...................................................... concerning appellant, and was informed that appellant died on ___________ at ___________________, THE PEOPLE OF THE STATE OF NEW YORK California. 4. On ________________, I contacted the Recorder's Office of the County of __[County where died]___, and requested a certified copy of appellant's death certificate, which is appended here as Exhibit A. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , at the Court located at County of Because appellant has, died during day of the pendency of, this appeal, all proceedings in thisnoon, shouldany recessed case and at be in room on the 20 , at o'clock in the or adjourned date, to testify and give evidence as a witness in this action on the part of the TO CONCLUSION the Honorable adjudged permanently abated, the appeal should be dismissed, the remittitur should issue forthwith, and the superior court should be to comply to enter its order to punishable as a contempt of court and will make you liable to Your failure directed with this subpoena is that effect the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Dated: __________________ Witness, Honorable Court in County, day of Respectfully submitted, , one of the Justices of the , 20 (Attorney must sign above and type name below) Attorney for Appellant /Defendant Attorney(s) for State Bar # Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com
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