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The review and determination by the Curia Regis (Court of the Sovereign) of the Estate as to whether or not to grant or deny a Petition for Writ is called the Summary of Petition for Writ of Procedendo, also known as the “opinion”or simply “summary”. This document is then a crucial annex to any Writ if accepted and granted by the Court . |
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Summary of Petition for Writ of Procedendo |
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The Summary of Petition for Writ of Procedendo provides the legal summary of the Court decision by the Curia Regis of the Estate whether or not to grant the petition for writ, a brief synopsis of the petition |
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Criteria for determination on validity of Petition |
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There are two (2) forms of criteria that must be met with any Petition for Procedendo for any Writ to be granted - general and specific. Failure to meet such criteria automatically renders any writ issued null and void. The general criteria is summarized by the seven (7) questions below: |
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Q1. Does the Petition document provide content as answers to all the essential administrative elements required, in the order required, within the page limits required and format required?
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Q2. Does the Syllabus of the Petition match in the broadest and general sense the terms by which such a writ is normally issued?
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Q3. Does the Prayer for Relief of the Petition match the conditions of remedy by which such a writ may be issued?
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Q4. Do the Arguments outlined within the Petition match the essential criteria that must be present for such a writ to be issued?
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Q5. Do the Arguments within the Petition provide one or more exhibits of proof contained within the Appendix to the Petition?
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Q6. Is there sufficient evidence based on the Arguments and Appendix of the Petition to conclude that the Respondent is within the Jurisdiction of the Court?
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Q7. Is there sufficient evidence based on the Arguments and Appendix of the Petition to conclude that the Court has sufficient Jurisdiction and right to appoint and bond one or more Agents with enforcing the writ?
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WARNING ----WARNING -----WARNING |
| A Writ CANNOT be issued from your Estate unless the whole process is compliant with the ancient nature, purpose and requirements of perfecting a writ. If you ignore this step and issue a writ without the completion of a proper Summary of Petition, then any subsequent instrument will be a fraudulent writ. |
| If you ignore this warning and continue, then you risk putting yourself in far more serious legal position. DO NOT ATTEMPT TO ISSUE A WRIT FROM YOUR ESTATE UNLESS YOU ARE A COMPETENT GENERAL EXECUTOR. |
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Example Template for Summary of Petition for Writ of Procedendo |
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Listed below is an Example Template in Microsoft Word and Adobe .pdf format for the completion of a valid Summary of Petition for Writ of Procedendo: |
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| DISCLAIMER: The information produced above is for education purposes only and does not purport to be an official ruling, decision or action. Nor should the information in anyway be construed as legal advice. The use of the information is at the discretion of the reader and no liability shall be accepted in the event of its use. Always seek the advice of educated, reputable and honorable scholars of law first, before any action involving the law. |
Copyright © Globe-Union-Court.Org 2012. All Rights Reserved |
