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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.
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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 ...
On Feb. 28, the Valentins' lead lawyer, Michael Allen of Washington, D.C.-based Relman Colfax, PLLC, filed a motion for himself and his co-counsels to withdraw from the case. He had previously ...
Richardson's attorney Larry Chisholm filed the motion to withdraw the guilty plea on Nov. 1, 2023. Chisholm claimed Richardson was "hearing voices in the courtroom" and that his family, who was ...
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.
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 ...
Hunter Biden's lawyers withdraw motion for new gun trial. June 17, 2024 at 12:57 PM ... has been deleted at the request of counsel," the note filed to the docket website read, describing it as a ...
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