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One example is a motion to rule a defendant is not responding to summons (to rule against the defendant automatically). Another example is a defendant's motion to object to the summons. Motions require both sides to be present. A notice of hearing must be delivered to all parties concerning: the court clerk, the plaintiff, and the defendant ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Summary, in law, forms many compounds as an adjective meaning "short, concise": . Summary abatement, the abatement of a nuisance without judicial proceeding, even without notice or hearing, often by a destruction of the offending thing or structure. 39 Am J1st Nuis § 183 et seq.
In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional remedy is being sought ...
Motion hearings are held when a party asks the court to take a specific action in the case. For example, a party may request that certain evidence be excluded from trial or that a case be dismissed before trial. In a motion hearing, each side presents arguments and evidence to the judge, who then makes a decision based on the law and facts ...
For example, in California, a motion for nonsuit under California Code of Civil Procedure Section 581c "is a procedural device which allows a defendant to challenge the sufficiency of plaintiff's evidence to submit the case to the jury," and it cannot be granted if the plaintiff's evidence would be sufficient to support a jury verdict in the ...
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to ...
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
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