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Form I-290B, Notice of Appeal or Motion, can be used for three purposes: [2] To file an appeal with the AAO; To file a motion to reconsider a decision; To file a motion to reopen a decision; The key difference between appeals and motions is that appeals go to the AAO, i.e., a higher authority than the one that made the decision being appealed.
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 ...
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 ...
A matter that was voted on could be brought back again through the motion to reconsider.Under Robert's Rules of Order Newly Revised (RONR), this motion must be made within a limited time after the action on the original motion: either on the same day or in the case of a multi-day session (such as a convention), on the next day within the session in which business is conducted.
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 ...
If a federal court finds that the notice of removal was in fact defective, or that the federal court does not have jurisdiction, the case is remanded to the state court. A defendant used to have to formally petition the federal court for the right to remove, and jurisdiction was not transferred until the federal court entered a formal order to ...
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