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In parliamentary procedure, reconsideration of a motion (or reconsideration of a question) may be done on a matter previously decided. The motion to "reconsider" is used for this purpose. This motion originated in the United States and is generally not used in parliaments. [1] [2] A special form of this motion is reconsider and enter on the ...
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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 ...
The Manual covers motions, procedures, vote requirements, the rules of order, principles, precedents, and legal basis behind parliamentary law used by legislatures. The author, Paul Mason (1898–1985), was a scholar who worked for the California State Senate.
For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment ( continuance ) of criminal proceedings, when the accused is either remanded in custody or on bail .
A teenager charged with killing four students at their Michigan high school waived a key hearing Friday, moving his case straight to a trial court, while a judge rejected a request by his parents ...
Any objection to removal must be presented to the federal court by way of a timely-filed motion. Apart from motions brought by the parties, many federal district courts screen notices of removal for facially obvious defects and when they catch one will issue a sua sponte order to show cause directed to the moving defendant.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
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