Miscellaneous Flashcards
Service of Pleadings
- Must be served by the sheriff of the county where the person to be served is found. A special process server may serve process only in county in which sheriff who appointed him resides
- any paper doc that is a judgment & sentence, or required by statute or rule to be sworn to or notarized, must be filed with the court either before service or immediately thereafter
Period Stated in Hours
Count begins immediately on occurrence of the triggering event
- if period would end during a weekend or legal holiday, period continues to run until the same time on the next business day
Period Stated in Days or a Longer Unit
begin counting from the next day that is not a Saturday, Sunday, or a legal holiday.
- weekends and legal holidays are not included if the period is less than 7 days
Service by Mail
if something is served by mail, five days are added to the prescribed period
Enlargement of Time
A court may NOT expand the time period for making a motion for new trial, taking an appeal, or making a motion for a judgment of acquittal
Motions for Rehearing
State may file a motion for rehearing with the trial court within 10 days after the court issues an order that is subject to appellate review
- a response may be filed within 10 days of service of the motion
- court must file an order disposing of the motion within 15 days of the response, but not later than 40 days from the date of the order of which rehearing is sought
Substitution of Judge
due to death or disability, another judge, who certifies that he has become familar with the case, may proceed
Exception: in death penalty sentencing proceedings, a successor judge who did not hear the evidence during the penalty phase of the trial must coduct a new sentencing proceeding before a new jury
