A recordari is a legal procedure used as an alternative to appealing a judgment from a court that does not keep formal records. This process is typically invoked when a party believes that their right to appeal has been compromised due to circumstances beyond their control, such as fraud or an accident that caused them to miss the appeal deadline.
The term recordari is primarily used in civil law contexts, particularly in cases where individuals seek to challenge court decisions that lack formal documentation. It is relevant in situations where a party may have lost their right to appeal due to unforeseen events. Users can often manage related forms and procedures themselves, using resources like US Legal Forms, which provide templates drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A person was unable to file an appeal after a small claims court decision because they were misled by the opposing party about the appeal process. They may file a recordari to seek relief from the judgment.
Example 2: A defendant in a minor traffic case missed the appeal deadline due to a car accident that left them hospitalized. They could potentially use a recordari to contest the judgment.
Examples of state differences (not exhaustive):
| State | Recordari Process |
|---|---|
| North Carolina | Recognizes recordari as a valid procedure under specific circumstances. |
| California | Does not have a formal recordari process; appeals must follow standard procedures. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Appeal | A formal request to a higher court to review a lower court's decision. | Appeals are typically filed within strict time limits and require a record of the original trial. |
| Writ of Certiorari | A document issued by a higher court to review a case from a lower court. | Used primarily in higher courts, while recordari is for cases without formal records. |
If you believe you need to file a recordari, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by state and court; consult local court for details. |
| Jurisdiction | State courts that do not keep formal records. |
| Possible Penalties | Potential loss of rights to appeal if not filed correctly. |
The purpose of a recordari is to allow individuals to appeal a judgment from a court that does not maintain formal records, especially when circumstances prevented them from appealing in the usual manner.