Subpoena in an Adversary Proceeding United States Bankruptcy 2006
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How do you subpoena a witness who resides in New York to testify in an out-of-state proceeding?The Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings was completed in 1936. The act provides states with statutory authority to secure the attendance of a witness from without the state in which the criminal proceeding or grand jury proceeding is pending. In New York, the act is codified in Article 640 of the Criminal Procedure Law. Specifically, CPL 640.10(2) states, in pertinent part: If a judge of a court in any state which by its laws has made provision for commanding persons within that state to attend and testify in [New York] certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within [New York] is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to a justice of the supreme court or a county judge in the county in which such person is, such justice or judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. If at such hearing the justice or judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to him protection from arrest and the service of civil and criminal process, he shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the subpoena. . . . In layman's terms, if an out-of-state attorney wishes to subpoena a witness who resides in New York to testify in an out-of-state criminal proceeding, said attorney must persuade a judge in the subpoenaing jurisdiction to signNow, under seal, that (1) there is a criminal prosecution pending in that jurisdiction's court, or that a grand jury investigation has commenced or is about to commence; (2) that said witness is a material witness in any such proceeding; and (3) that the witness's presence will be needed for X amount of days. Upon clearing that step, the out-of-state attorney (presuming they are not admitted to practice in New York) will need to forward the original certified papers to an attorney licensed in New York in order to present "such certificate to a justice of the supreme court or a county judge in the county in which such person is." That to say, if the witness resides in Manhattan, the signNowing papers must be submitted before a supreme court justice seated in New York County. Included with the signNowing papers from the subpoenaing jurisdiction must be an order to show cause submitted by the attorney licensed to practice in New York. To the extent that the order to show cause is signed by a qualifying justice, the order along with the signNowing papers must then be personally served upon the witness.Upon service, the witness may either make arrangements with the out-of-state attorney to travel to the out-of-state criminal proceeding (the out-of-state attorney should be prepared to pay for the witness's travel and lodging costs) , or, the witness may move to quash the subpoena on the return date set forth in the order to show cause. Generally, a motion to quash will be founded upon the hardship provision set forth in CPL 640.10(2). To that end, the Court of Appeals has illustratively interpreted what constitutes a hardship in the cases of Matter of Codey [Capital Cities, Am. Broadcasting Corp.], 82 N.Y.2d 521 (1993), and Matter of Holmes, 22 N.Y.3d 300 (2013).In sum, subpoenaing a witness who resides in New York to testify in an out-of-state criminal proceeding is a straightforward process guided by Article 640 of New York's Criminal Procedure Law. To the extent that legal assistance is needed in subpoenaing a witness under this article, please do not hesitate to contact The Law Office of Phillip Hamilton, PLLC @www.philliphamiltonlaw.com.
Is it true that Neil Armstrong had to fill out an immigration form when he returned to the United States soil from the Moon?No, but all three astronauts (not just Neil Armstrong) filled one out as a joke.Back from the Moon, Apollo Astronauts Had to Go Through CustomsToday’s astronauts have to go through Customs when they come back to the United States, not because they have been to space, but because they have come back from Kazakhstan! The partnership with Russia means they do a lot of international travel.Buzz Aldrin did seriously fill out a NASA travel expenses claim form that covered his trip to the moon. That’s because he had some travel expenses on Earth before they went up.
How does one run for president in the united states, is there some kind of form to fill out or can you just have a huge fan base who would vote for you?If you’re seeking the nomination of a major party, you have to go through the process of getting enough delegates to the party’s national convention to win the nomination. This explains that process:If you’re not running as a Democrat or Republican, you’ll need to get on the ballot in the various states. Each state has its own rules for getting on the ballot — in a few states, all you have to do is have a slate of presidential electors. In others, you need to collect hundreds or thousands of signatures of registered voters.
Why do asylum seekers start their journey from South Columbia to the United States border? Why don't they just land in the U.S.A. via a plane and fill out the asylum form?Thanks 4 the A2A!I live in Europe and have never tried boarding a plane in Columbia but from what I know, no airline will allow you to board unless you have a US passport or a valid Visa. Also, the tickets are not really cheap and affordable for everyone. Even if you can afford them, you legally can not get on that plane.Just imagine: how great it is when you have all those freedoms! Be grateful that you have the passport that you have and do not even have to think about such trivial things. Not everyone is as lucky.People in misery, regardless if they seek refuge from Central America of Syria or elsewhere, just want to LEAVE all that behind and have the chance to live a normal life somewhere better, somewhere safe. I personally think that the voyage a refugee undertakes is as risky as the wars and problems they are trying to escape from and they should be helped instead of making their sad lives even more hard by rigid administration.Of course, nothing will get better as long as the essential problems aka reasons why they are leaving in the first place, are addressed and solved. But there are interests behind that, groups of people who live of that and they will not give up their positions easily. Almost like some sort of a viscous, endless circle. And it is always normal, “small fish” people that suffer the most.Good luck to all of you who venture on that path!
How did you go to start your journey to the United States? What forms did you fill out? How long did it take? My best friend wants to come here and I will help him until he gets his green card.I worked hard at school to get good grades, went to university, studied hard, graduated, got a series of better and better jobs, and finally transferred across as an international manager under an L1-A visa (executive management).After a year my lawyer submitted my green card paperwork, and a few months later I was approved.Your friends experience may differ - there are MANY ways of ending up with a green card - hard work, education, and business success is one of the easiest, but not the only way.You can be lucky (diversity lottery), rich (investment), talented (internationally recognised artists, athletes and scientists), or have family in the USA.ALL these options require you to either pay a lawyer, or actually learn the process yourself.Your friend should start by obtaining a visa which allows them to legally reside and work in the USA - that’s the first step in the process.Simply “wanting to come to the USA” isn’t enough - it’s a start. Now your friend needs to learn the process and apply themselves.U.S. Visas
How should I fill out the preference form for the IBPS PO 2018 to get a posting in an urban city?When you get selected as bank officer of psb you will have to serve across the country. Banks exist not just in urban areas but also in semi urban and rural areas also. Imagine every employee in a bank got posting in urban areas as their wish as a result bank have to shut down all rural and semi urban branches as there is no people to serve. People in other areas deprived of banking service. This makes no sense. Being an officer you will be posted across the country and transferred every three years. You have little say of your wish. Every three year urban posting followed by three years rural and vice versa. If you want your career to grow choose Canara bank followed by union bank . These banks have better growth potentials and better promotion scope