Define: De Recordo Et Processu Mittendis

De Recordo Et Processu Mittendis is a Latin legal term that translates to “concerning the record and process to be sent.” It refers to the process of transferring legal documents and records from one court to another.

This term is used when a case needs to be transferred from one court to another, typically due to a change in jurisdiction or venue.

The documents that are usually included in De Recordo Et Processu Mittendis are the complete case file, including pleadings, motions, orders, transcripts, exhibits, and any other relevant documents.

The process is usually initiated by one of the parties involved in the case, either the plaintiff or the defendant. They file a motion with the court requesting the transfer of the case to another jurisdiction.

The purpose of this process is to ensure that all relevant documents and records from the original court are transferred to the new court, allowing for a seamless continuation of the case.

Yes, the court has the discretion to deny a request for De Recordo Et Processu Mittendis if it determines that the transfer is not in the best interest of justice or if there are other valid reasons for denying the request.

The time it takes to complete this process can vary depending on the complexity of the case and the efficiency of the courts involved. It can range from a few weeks to several months.

Yes, there may be fees associated with this process, such as filing fees and administrative costs. The amount of these fees can vary depending on the jurisdiction and the specific circumstances of the case.

Yes, this process can be used in both civil and criminal cases when a transfer of jurisdiction or venue is necessary.

Once the transfer of the case is completed, the new court will take over jurisdiction and continue with the proceedings based on the transferred records and documents.