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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 ]
For that reason, a decree nisi may also be called a rule, order or decree to show cause. Using the example of a divorce , the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not ...
An appeal from the Circuit Court may be taken to the Court of Appeals of Virginia in limited cases (domestic relations and certain administrative matters), but appeals of general civil judgments are directed to the exclusive appellate jurisdiction of the Virginia Supreme Court. An appeal may only be taken from a decision to which the appealing ...
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [ 2 ]
In filing the petition in the trial court is a step in the criminal process; however, the writ of coram nobis should be treated as a civil writ for appeal purposes. The writ is a discretionary writ and so a lower court's ruling on a petition for the writ is reviewed under the abuse of discretion standard in the appellate court. [127]
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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Virginia civil procedure is the body of law that sets out the rules and standards that Virginia courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). Professor W. Hamilton Bryson is the preeminent master and legal scholar on Virginia Civil Procedure.
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