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Topic: Procedendo

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Certiorari

Prerogative writ

Writ

Mandamus

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	[No title]
		Indeed, the entire purpose of a procedendo is to notify the lower court that the case is transferred back to that court.
		This court's recall of procedendo was not challenged or explained, but the facts showed the procedendo had issued prior to the expiration of the time for filing a petition for rehearing.
		The only rule requiring the clerk to delay the issuance of procedendo is rule 6.30, which instructs the clerk not to issue procedendo for fifteen days after an "opinion" is filed or thereafter while a petition for rehearing is pending.
	www.narf.org /nill/bulletins/state/unreported/mt.html (2514 words)

	Procedendo - Wikipedia, the free encyclopedia
		In common law jurisprudence, procedendo is one of the prerogative writs.
		The writ of procedendo ad judicium was the earliest remedy for the refusal or neglect of justice on the part of the courts.It was an original writ, issuing out of chancery to the judges of any subordinate court, commanding them in the king's name to proceed to judgment, but without specifying any particular judgment.
		In case of disobedience or of neglect on the part of the judges to whom it was addressed, or refusal by them to act, they were liable to punishment for contempt.
	en.wikipedia.org /wiki/Procedendo (317 words)

	Municipal Court Recorder
		While originally “procedendo” was a writ used to compel a judge to proceed to judgment, in Texas “procedendo” has come to mean an appellate court order for an inferior court to execute judgment.
		The writ of procedendo is the appropriate remedy for the State to utilize when seeking to have a case effectively remanded from county to municipal or justice court when a defendant has not perfected his or her appeal in criminal cases.
		In simplest terms, procedendo is merely the means by which the county court remands the case as contemplated in Article 45.0426(b).
	www.tmcec.com /newsletter/recorderpages/0504procedendo.htm (1474 words)

	Statement of the Iowa Attorney General's Office on Supreme Court Decision re Terry Harrington.
		The practical effect of today's Supreme Court ruling is that the defendant will be released from custody upon issuance of the Court's "procedendo," or final order on the case, unless the Pottawattamie County Attorney elects to retry Harrington.
		(Procedendo does not issue until at least 15 days after the Court's opinion is filed, unless the Court shortens that period, which it has not done.
		Procedendo would be delayed if the State seeks rehearing, as procedendo will not be issued while a motion for rehearing is pending.
	www.state.ia.us /government/ag/latest_news/releases/feb_2003/Harrington_SupCt.html (386 words)

	Cranford v. Crabtree (Per Curiam) (Site not responding. Last check: 2007-10-13)
		Alternatively, he requests that if a prior ruling by the circuit court is not necessary, we treat his petition as one for prohibition.
		The State in its brief supporting its response argues that the writ of procedendo ad judicium is not an appropriate remedy.
		Rather, the State contends, this court can use the writ of mandamus to accomplish the same purpose, and mandamus is a power of this court enumerated in the State Constitution.
	courts.state.ar.us /opinions/1996/cr96-294.html (399 words)

	ARI Sezione di Moncalieri - World Wide Locator (Site not responding. Last check: 2007-10-13)
		I campi si iniziano a contare pertendo dalla linea dell'ora (o della data) agli antipodi rispetto al meridiano di Greenwich, procedendo verso Est a dal Polo Sud procedendo verso Nord.
		Procedendo verso nord, partendo dallo stesso punto, assegneremo una cifra ogni volta che la latitudine cambia di un grado.
		Come in precedenza, si parte dall'estremo sud-ovest del quadratone e procedendo verso est si assegna la lettera A ai luoghi compresi tra 0' e 5' di longitudune, la lettera B per quelli compresi fra i 5' ed i 10', e così fino alla lettera X.
	www.qsl.net /ari-moncalieri/wwl.html (730 words)

	Iowa Code 2003SUPPLEMENT: Section 631.16 (Site not responding. Last check: 2007-10-13)
		Procedendo shall be issued as provided in the rules of appellate procedure.
		The jurisdiction of the appellate court shall cease when procedendo is issued.
		All proceedings for executing the judgment shall be had in the trial court or by its clerk.
	www.legis.state.ia.us /IACODE/2003SUPPLEMENT/631/16.html (312 words)

	Oxford Eagle Online Edition (Site not responding. Last check: 2007-10-13)
		The remaining cases were remanded on writ of procedendo to lower courts after the state was prepared for trial and the defendant being called chose not to prosecute his or her appeal.
		The writ of procedendo is merely a writ from an appellate court commanding the court from which the case was appealed to proceed to judgment.
		— Kristen Richburg, 23, 1493 Countrywood Cove, Tupelo, DUI-1, remanded on writ of procedendo;
	www.oxfordeagle.com /archives/2005/0105/0124_0128/012605/news2.html (1795 words)

	State ex rel. Weiss v. Hoover - Ohio Supreme Court Opinion - Ohio Supreme Court Decision - OH Case Law
		Procedendo to compel municipal court judge to proceed with a forcible entry
		Weiss claims that he is entitled to a writ of procedendo.
		Weiss a peremptory writ of procedendo to compel respondents to proceed with the
	www.romingerlegal.com /Ohio_case_law/1999/1999-ohio-422.html (970 words)

	Writ of Procedendo authority
		This rule simply requires a mandate in the nature of a procedendo, the effect of which, as was the effect of the writ of procedendo, is to hand back to the nisi prius court a jurisdiction over the case which it had lost for the time, perforce the appeal.
		The writ procedendo is merely a writ from an appellate court commanding the court from which the case was appealed to proceed to judgment, so far as the thing is now pertinent here.
		Defendant appealed to the Supreme Court of Iowa, and that court on November 26, 1915, delivered an opinion for affirmance (178 Iowa, 998), and judgment was entered accordingly.
	www.plf.net /procedendo.htm (619 words)

	GSU-COL ::: Law Library ::: ALR Bibliographies :::
		A writ of mandamus seeks action by a court or state official; while a writ of prohibition seeks to stop a court from exceeding its jurisdiction.
		(184) To be distinguished from mandamus, which does not lie where the remedy of certiorari is available, procedendo can be an appropriate response from a higher court when petitioned for certiorari.
		(185) Mandamus and procedendo both may direct a lower court to act, yet only procedendo will do so at the determination that the judgement of the lower court was inappropriate.
	law.gsu.edu /library/bibliographies/jdavis.htm (6034 words)

	State ex rel. Rodak v. Betleski - Ohio Supreme Court Opinion - Ohio Supreme Court Decision - OH Case Law
		his procedendo claim may have merit, an alternative writ should be granted and a
		procedendo is appropriate when a court has either refused to render a judgment or
		denied writs of procedendo and mandamus when the delay is relatively minimal.
	www.romingerlegal.com /Ohio_case_law/2004/2004-ohio-6567.html (1371 words)

	State ex rel. Miley v. Parrott - Ohio Supreme Court Opinion - Ohio Supreme Court Decision - OH Case Law
		Procedendo is an order from a court of superior jurisdiction to proceed to
		Judge Parrott's refusal to reactivate and proceed in the divorce case is unjustified.
		Absent a writ of procedendo, Miley's divorce action, which was filed prior to her
	www.romingerlegal.com /Ohio_case_law/1996/1996-ohio-350.html (1699 words)

	Article 3, Section 2, Clause 1: William Blackstone, Commentaries 1:247--48, 3:68--70, 109--11, 429--37
		The first of these injuries, refusal or neglect of justice, is remedied either by writ of procedendo, or of mandamus.
		A writ of procedendo ad judicium, issues out of the court of chancery, where judges of any court do delay the parties; for that they will not give judgment, either on the one side or on the other, when they ought so to do.
		But at present we are more particularly to remark, that it issues to the judges of any inferior court, commanding them to do justice according to the powers of their office, whenever the same is delayed.
	press-pubs.uchicago.edu /founders/documents/a3_2_1s3.html (2737 words)

	[No title]
		Therefore, in such a case, the statute of limitations should not bar the court’s consideration of the application.
		Procedendo issued on October 4, 1988, following disposition of Robinson’s direct appeal of his convictions.
		Because Robinson’s September 2003 application for postconviction relief was filed more than three years after October 4, 1988, it is time barred unless Robinson can establish his claim falls within the exceptions provided.
	www.iowabar.org /IACOURTOFAPPEALS.nsf/9db187f4b2a6140186256dab0057d0c0/3ad3571ce04a1a6e86257108006cd4f1!OpenDocument (1295 words)

	Amazon.com: Procedendo: Books (Site not responding. Last check: 2007-10-13)
		Poi, procedendo di mio sguardo il curro, vidine un'altra come sangue rossa,...
		Poi fummo fatti soli procedendo, folgore parve quando l'aere fende,...
		Poi fummo fatti soli procedendo, 130 folgore parve, quando l'aere fende, voce che giunse di...
	www.amazon.com /s?ie=UTF8&keywords=Procedendo&tag=httpexplaguid-20&index=books&link_code=qs&page=1 (900 words)

	Ohio Third District Court of Appeals
		The Court has appellate jurisdiction as may be provided by law to review the judgments and final orders issued by common pleas courts, municipal courts and county courts in the district.
		The Court also has original jurisdiction to decide in the first instance petitions for writ of mandamus, habeas corpus, quo warranto, prohibition and procedendo.
		Although the Court's office is located in Allen County, the Third Appellate District covers the counties of Allen, Auglaize, Crawford, Defiance, Hancock, Hardin, Henry, Logan, Marion, Mercer, Paulding, Putnam, Seneca, Shelby, Union, Van Wert and Wyandot.
	www.third.courts.state.oh.us /about.htm (126 words)

	Writ of Procedendo Law and Legal Definition - USlegalforms.com
		A writ of procedendo is a remedy used when there is a delay in rendering a judgment that amount to a neglect or refusal of justice.
		It is an order of a court to another court directing that court to render a judgment.
		Refusal to comply with the writ may subject the lower court to a citation for contmept.
	www.uslegalforms.com /legaldefinitions/w/writ-of-procedendo.php (255 words)

	Seventh District Court of Appeals - About
		Courts of appeals have jurisdiction to review the judgments of these trial courts and to affirm, modify, reverse, or enter final judgments.
		In addition to their appellate jurisdiction, the Ohio Courts of Appeals have original jurisdiction to hear applications for writs of habeas corpus, mandamus, procedendo, prohibition, and quo warranto.
		Judges of the court of appeals are elected by the voters in the court's district.
	www.seventh.courts.state.oh.us /about.html (520 words)

	Recurso de casación penal - Monografias.com (Site not responding. Last check: 2007-10-13)
		Estos motivos pueden ser tanto de juicio como de actividad: in iudicando como in procedendo.
		Los motivos pueden ser clasificados en vicios de actividad o vicios de juicio, o errores in procedendo y errores in iudicando.
		Ha dicho Alsina: "Todos los vicios de procedimiento, aunque hayan sido determinados por una error de juicio en la elección o aplicación de la norma procesal, quedan comprendidos en el concepto de errores in procedendo, porque en tales casos se da prevalencia a la actividad del juez.
	www.monografias.com /trabajos/casacion/casacion.shtml (10608 words)

	bill of cost, writ of procedendo (Site not responding. Last check: 2007-10-13)
		The Opinion of the Appellate Court did act as Writ of Procedendo.
		Wherefore, the Mandate of the southern District Court of Appeals for the State of Missouri does not abide by the statute of the state of Missouri, and fails to follow the Missouri Supreme Court Rules.
		The Court signs the Mandate that is to issue from it in the case at hand.
	www.plf.net /msct81426/billofcostcofa.htm (424 words)

	Rule 72 (Site not responding. Last check: 2007-10-13)
		A motion for leave to file must accompany an original petition for writ of habeas corpus, mandamus, procedendo, prohibition, certiorari, or other extraordinary writ, or any other motion not otherwise provided for in these rules.
		If five judges tentatively believe that the case should be filed and set for submission, the motion for leave will be granted and the case will then be handled and disposed of in accordance with Rule 52.7.
		The rule is amended to include all the Court's jurisdiction of extraordinary matters.
	www.courts.state.tx.us /publicinfo/Trap/rule72.htm (126 words)

	Federal Judicial History \| The Judiciary Act of 1801 - Text of Document (Site not responding. Last check: 2007-10-13)
		December respectively; and that if four of the said justices shall not attend within ten days after the times hereby appointed for the commencement of the said sessions respectively, the said court shall be continued over till the next stated session thereof:
		That the said court shall have power, and is hereby authorized, to issue writs of prohibition, mandamus, scire facias, habeas corpus, certiorari, procedendo, and all other writs not specially provided for by statute, which may be necessary for the exercise of its jurisdiction, and agreeable to the principles and usages of law.
		That from and after the next vacancy that shall happen in the said court, it shall consist of five justices only; that is to say, of one chief justice, and four associate justices.
	www.fjc.gov /history/home.nsf/page/03b (1209 words)

	Corso di ginnastica online - Massaggio per la circolazione
		Sdraiati sulla schiena di fronte a una parete o a un mobile, e appoggia le gambe sollevate e unite.
		Ora abbassa il piede sinistro in modo da poterlo afferrare comodamente e, procedendo verso la coscia, premi e "impasta" il piede e l'intera gamba.
		Esegui lo stesso massaggio sulla gamba destra, sempre iniziando dal piede e procedendo verso il cuore, per una decina di volte.
	www.abc-e.info /zine/ginnastica2.htm (85 words)

	Prerogative writ - Wikipedia, the free encyclopedia
		The prerogative writs other than habeas corpus are discretionary remedies, and have been known as prerogative orders in England and Wales since 1938.
		The writs of quo warranto and procedendo are now obsolete, and the orders of certiorari, mandamus and prohibition are under the new Civil Procedure Rules 1998 known as "quashing orders," "mandatory orders" and "prohibiting orders" respectively.
		The writ of habeas corpus is still known by that name.
	en.wikipedia.org /wiki/Prerogative_writ (403 words)

	Chad M. Ruback - Appellate Lawyer (Site not responding. Last check: 2007-10-13)
		Chad Ruback works on appeals of trial court judgments in every type of case imaginable.
		Chad also handles appellate court original proceedings, such as petitions for writs of certiorari, habeas corpus, injunction, mandamus, prohibition, procedendo, and quo warranto.
		In the trial court, Chad represents parties in matters which are likely to be subject to appellate review.
	www.appeal.pro /services.htm (85 words)

	ORDINANZA N.
		NORD di viale dei Mughetti e procedendo verso NORD per un tratto di m 190 circa, fino al f.m.
		NORD di via delle Pervinche e procedendo verso NORD per un tratto di m 110 circa, fino a m 10 circa a SUD del f.m.
		a partire dall'intersezione con corso Ferrara e procedendo verso SUD fino a m 5.00 circa a SUD del passo carrabile contrassegnato dal n.c.
	www.comune.torino.it /ordinanz/2004/200400947.html (573 words)

	ArcadiA Club - WARLAND War and Strategy Game - Regolamento Beta v.2.0.2 Gioco da tavolo
		Quelli saranno i quattro angoli del confine del castello.
		Ogni giocatore, cominciando da chi ha vinto il lancio, e procedendo in senso orario, mette in gioco 4 pedine
		Terminata la preparazione, il gioco comincia da chi ha vinto il lancio e procedendo in senso orario.
	www.arcadiaclub.com /aacards/warland/regolamento_warland.htm (1795 words)

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