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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 ...
A motion or application for leave is a motion filed with the court seeking permission to deviate from an established rule or procedure of the court. [ 1 ] The most common use of a motion for leave is to seek an extension to an already-passed time frame to amend a court pleading , which is allowed once under the Federal Rules of Criminal ...
Demeter's Manual of Parliamentary Law and Procedure states that requests for any unallowable purpose need unanimous consent, and a single objection defeats consent, unless the organization's laws or the assembly's usual practices allow otherwise. An example might be a request to have a nonmember address the body.
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 ...
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties. This is by means of methods of discovery such as interrogatories , requests for production of documents , requests for admissions and depositions .
The process of introducing a consent decree begins with negotiation. [5] One of three things happens: a lawsuit is filed and the parties concerned reach an agreement prior to adjudication of the contested issues; a lawsuit is filed and actively contested, and the parties reach an agreement after the court has ruled on some issues; or the parties settle their dispute prior to the filing of a ...
In the wording of section 1442, the law provides that in the case of federal agencies or officers, the federal district court need not otherwise have subject-matter jurisdiction over the type of case presented so long as the federal officer was acting under color of office in a civil matter, or in a criminal matter, was acting under authority ...
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