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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 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 ...
That is, if a case originates in a federal court, there is no ability for a defendant to remove a case from federal court into state court. If the federal court lacks jurisdiction, the case is dismissed. Only cases that originate in a state court and are improperly removed to a federal court may be sent back to the state court where they started.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
In a court appearance Wednesday, acting U.S. Deputy Attorney General Emil Bove denied that dropping the bribery case against New York City Mayor Eric Adams was part of a "quid pro quo" arrangement.
Judge Steven Hippler on Wednesday denied a defense motion to unseal documents related to some of the disputed DNA evidence in the case, agreeing with prosecutors that letting it out before trial ...
The federal judge overseeing the corruption case against New York City Mayor Eric Adams is set to hear from the attorneys Wednesday afternoon about the Justice Department’s controversial motion ...
Each judge or courtroom in the United States has a law and motion calendar, setting aside the times when only motions and special legal arguments are heard.These items consist of pretrial motions (such as a motion to compel relating to discovery requests) or other legal requests that are not connected to a trial, and do not include trials themselves.