PROCEDURE DECISION Clause Samples
The PROCEDURE DECISION clause establishes the process by which decisions are made regarding specific procedures outlined in the agreement. Typically, this clause details who has the authority to make procedural decisions, the steps required for making such decisions, and any necessary approvals or notifications. For example, it may specify that a committee or designated representative must review and approve procedural changes before implementation. The core function of this clause is to ensure a clear, consistent, and authoritative method for making procedural determinations, thereby reducing confusion and disputes over how procedures are decided and implemented.
PROCEDURE DECISION. Is surety a professional or corporate bondsman? If yes, GO TO STEP 10; if no, GO TO STEP 7 Step 7 Clerk evaluates ownership interest in property.
PROCEDURE DECISION. Is accused to be admitted to bail? If yes, GO TO STEP 10; if no, GO TO STEP 6.
PROCEDURE DECISION. Does court proceed to sentence the accused on guilty plea? If no, GO TO STEP 19; if yes, GO TO STEP 15.
PROCEDURE DECISION. Did the judge determine that the defendant is competent to stand trial? If yes, GO TO STEP 27; if no, GO TO STEP 21.
PROCEDURE DECISION. Is judge’s disqualification waived? If no, END OF PROCEDURES; if yes, GO TO STEP 12. Step 12 Obtain written waiver signed by all parties and their attorneys; process/image waiver and place in case file. Use Form CC-1100, ORDER OF RECUSAL/REMITTAL OF DISQUALIFICATION (bottom portion).
PROCEDURE DECISION. Does accused have an attorney? If no, clerk follows procedures for appointment, retention, or waiver of counsel in “Right to Counsel” in this chapter. If yes, GO TO STEP 8.
PROCEDURE DECISION. ▇▇▇▇▇▇ decides whether to arrest principal with or without ▇▇▇▇▇▇’s capias. With: GO TO STEP 1 Without: GO TO STEP 7
PROCEDURE DECISION. Has the evaluator or hospital asked the court for additional time to test and evaluate the accused? If no, GO TO STEP 17; if yes, GO TO STEP 11.
PROCEDURE DECISION. How is bond secured? If by cash, GO TO STEP 3; if by surety, GO TO STEP 6.
PROCEDURE DECISION. Who is unable to try the case? If individual judge within circuit: GO TO STEP 9; If all judges within circuit: GO TO STEP 2 Comments: Refer to the JUDICIAL DISQUALIFICATION POLICY AND FREQUENTLY ASKED QUESTIONS.