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A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
After a motion is placed before the assembly, permission from the assembly is required to withdraw it or modify it. [11] Sometimes a "friendly amendment" is requested on a pending motion. If the motion is before the assembly, only the assembly (not the maker of the motion) could modify it. [12] However, it can be settled by unanimous consent. [3]
The petition procedure was abolished around 1980 by Congress and replaced with the simple filing-of-notice removal procedure, although federal courts still see the occasional petition for removal or a motion for remand due to the lack of such a petition. [citation needed] There is no reverse "removal".
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 ...
Judge denies motion to withdraw guilty plea On Feb. 27, Chatham County Superior Court Judge Benjamin Karpf denied Cordell Richardson's motion to withdraw his guilty plea for a 2018 aggravated assault.
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.
Giuliani’s lead counsel Kenneth Caruso and attorney David Labkowski filed a motion in federal court in New York on Wednesday citing several reasons for their withdrawal, pointing to a ...
Withdrawal from representation, in United States law, occurs where an attorney terminates a relationship of representing a client. There are two types of withdrawal: mandatory and voluntary. There are two types of withdrawal: mandatory and voluntary.
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