Q: what are the stipulations of a capias order being recalled in circuit court
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that support your request for its recall.
Second, it's important to address the underlying issue that led to the issuance of the capias. This might involve appearing in court to resolve missed appearances or complying with any other court orders that were not initially followed. Demonstrating your willingness to comply with court requirements can significantly influence the court's decision.
Lastly, ensure you attend any scheduled hearings regarding the motion to recall the capias. The judge will review your motion, any supporting documents, and hear arguments from both sides before making a decision. Showing up on time and prepared can help convey your commitment to resolving the matter responsibly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
