Appeals Court Remand Options

Summary

Once your case is remanded to the lower court, review the appeals court decision to understand the remand reasons. As a pro se litigant, prepare detailed interrogatories to gather financial information, ensuring compliance with court rules. Consider filing a motion for interrogatories and request a stay of execution if necessary. For financial records, your ex-partner can obtain tax records from the IRS and bank statements from financial institutions. Use neutral language in interrogatories to avoid accusatory tones.

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My case is in the appeals court at present time waiting to be remanded to the lower court, once the case is tremanded what are the best options to follow?

Once your case is remanded to the lower court, consider the following options:
- Review the Appeals Court Decision: Understand the reasons for the remand.
- Prepare for a New Trial or Hearing: Gather new evidence or witnesses if needed.
- Consult Your Attorney: Discuss strategy and potential outcomes.
Do you have an attorney, or would you need assistance finding one?

I'm prose, and I'm waiting for the court of appeals to remnd my case so I can submitt my interrogatories to the defendant

Case Rating: *
Since you are representing yourself (pro se), here are some steps you can take once your case is remanded:
- Review the Appeals Court Decision: Understand the specific reasons for the remand.
- Draft Your Interrogatories: Prepare detailed and relevant questions for the defendant.
- Follow Court Procedures: Ensure your interrogatories comply with court rules.
Do you need guidance on drafting effective interrogatories?

Yes! I need financial information this case, the embezzlment occured in *, my ex-partner traveled the world, invested money in a house which she later sold now she lives in paid for $*,*,* house in SD, I need tax returns records, pay slip records, intinerary, and expenses for the traveling done, I need bank single accounts, and joint bank accounts, I need records of investments stocks real state, help me formulate my interrogatories please

Here are some sample interrogatories you can use to gather financial information:
*. Provide copies of your federal and state tax returns from * to the present.
*. List all bank accounts (single and joint) held from * to present, including account numbers and financial institutions.
*. Provide copies of all pay slips from * to the present.
*. Detail all investment accounts, including stocks, bonds, and real estate, held from * to present.
*. Provide an itemized list of all expenses related to travel from * to the present, including dates, destinations, and amounts.
*. Provide a copy of the itinerary for all international travel undertaken from * to the present.
*. Detail any real estate transactions, including the purchase and sale of properties, from * to the present.
Would you like more detailed assistance on any of these points?

Yes, I need a formal request so I can file a motion

To file a motion for interrogatories, you may use the following format:
---

~Court Name: [Name of the Court]
Case No.: [Your Case Number]
Plaintiff/Appellant: **** ****
Defendant: [Defendant's Name]
---
MOTION FOR INTERROGATORIES
Plaintiff/Appellant, **** ****, hereby requests the court to compel the Defendant to answer the following interrogatories:
*. Provide copies of your federal and state tax returns from * to the present.
*. List all bank accounts (single and joint) held from * to present, including account numbers and financial institutions.
*. Provide copies of all pay slips from * to the present.
*. Detail all investment accounts, including stocks, bonds, and real estate, held from * to present.
*. Provide an itemized list of all expenses related to travel from * to the present, including dates, destinations, and amounts.
*. Provide a copy of the itinerary for all international travel undertaken from * to the present.
*. Detail any real estate transactions, including the purchase and sale of properties, from * to the present.
Justification:
These interrogatories are essential for the Plaintiff/Appellant to gather necessary financial information pertinent to the case of alleged embezzlement.
Relief Sought:
Plaintiff/Appellant respectfully requests that the court grant this motion and order the Defendant to respond to the above interrogatories within [specified time frame].
Date: [Insert Date]
Signature: [Your Signature]
Name: **** ****
---
Would you need further assistance on this or any other legal matter?

My case is in the appeals court waiting to be remaned so the dicovery rules can be enforced, the opposite counsel was granted a summary judgement prematurely, also the opposite counsel was granted a writ of execution on */*/* without me being present. (I already filed an appeal to deal with the writ, I also filed a motion to fight the writ with the lower court, the sheriff's departament showed up las Saturday at my home) what would my next step be once the case is remanded to the lower court be?

Once your case is remanded to the lower court, here's what you can do:
- File Your Interrogatories: Submit your detailed questions for the defendant.
- Request a Stay of Execution: Ensure the writ of execution is paused while your case is pending.
- Prepare for Discovery: Gather all relevant documents and evidence to support your case.
Would you like help drafting a formal request to file a motion?

yes I would like to you to instruct me with a format for my interrogatories, so I can present them to the court!

Sure, ****! Here is a format for your interrogatories:

Interrogatories
Plaintiff: **** ****
Defendant: [Defendant's Name]
Case Number: [Your Case Number]
Instructions:
Please answer the following interrogatories fully and in writing, under oath, within the time prescribed by the court rules.
*. Tax Returns:
- Provide copies of your federal and state tax returns from * to the present.
*. Bank Accounts:
- List all bank accounts (single and joint) held from * to present, including account numbers and financial institutions.

*. Pay Slips:
- Provide copies of all pay slips from * to the present.
*. Investment Accounts:
- Detail all investment accounts, including stocks, bonds, and real estate, held from * to present.
*. Travel Expenses:
- Provide an itemized list of all expenses related to travel from * to the present, including dates, destinations, and amounts.
*. Travel Itinerary:
- Provide a copy of the itinerary for all international travel undertaken from * tothe present.
*. Real Estate Transactions:
- Detail any real estate transactions, including the purchase and sale of properties, from * to the present.

Signature:
_______________________
**** ****
Date: [Date]
Would you like more assistance with any other parts of your case?

I need to find out how much money she made with the real statet transactions how do I prrase that in my interrogatories

To find out how much money she made with real estate transactions, you can add this specific interrogatory:
*. Real Estate Profits:
- Provide a detailed account of all real estate transactions from * to present, including purchase prices, sale prices, and any profits or losses realized from each transaction.
Would you like help with anything else?

In my interrogatories, can I ask how she transfered $*,* to San Diego?

Yes, you can ask about the transfer of $*,*. Here's how you can phrase it:
*. Funds Transfer:
- Explain how $*,* was transferred to San Diego, including the source of the funds, the method of transfer, and the recipient's details.
Need assistance with anything else?

How about, how she manage to clean all that money, is that an acceptable question to ask?

Instead of asking how she "cleaned" the money, which could be seen as accusatory, you can phrase it more neutrally:
*. Source and Legitimacy of Funds:
- Provide details on the source and legitimacy of all funds received and used from * to present, including how $*,* was transferred to San Diego.
Would you like any further assistance with your interrogatories?

In my interrogatories can I ask: how she manage to clean all that money, is that an acceptable question to ask?

Asking directly how someone "cleaned" money can be seen as accusatory and may not be appropriate in formal interrogatories. Instead, you can phrase it more neutrally:

~Funds Origin and Use:
- Explain the origin and use of all funds involved in transactions from * to present, including any methods used to transfer and manage these funds.

Would you like more help with drafting any other questions?

How can my ex-partner get the tax records, and bank statements that are 7 years old

Your ex-partner can obtain tax records and bank statements from the following sources:
- IRS: Request copies of tax returns using Form *.
- Financial Institutions: Contact the bank to request old statements.
- Online Accounts: Check if digital copies are available.
Do you have any other questions?

When you moved from Albuquerque to San Diego, explain the amount of money you trasnsfer from NM to CA , HOW MUCH WAS IT AND HOW YOU TRANSFERED it? is this the right way to present the question?

Your question can be presented more formally in the interrogatories. Here’s an improved version:
Funds Transfer:
- Detail the amount of money you transferred from New Mexico to California, including the total amount and the method of transfer.
Would you like assistance with anything else?

Did you uses any bank to transfer the money,and how much money did you take in your person when you left NM?

You can phrase your question in a more formal way for the interrogatories like this:
Funds Transfer:
- Specify whether you used any bank to transfer money from New Mexico to California. If so, provide details of the transfer, including the total amount transferred.
- State the amount of money you carried personally when you left New Mexico.
Would you like help with any other questions or aspects of your case?

Appeals Court Remand Options

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