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A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court.
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 demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
Here are the notable grand jury indictments and court decisions for the week of Oct. 9, 2023.
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
Smith — citing Trump’s victory in the 2024 presidential election and precedent against indicting a sitting US president — asked a DC court Monday to dismiss the indictment involving Trump ...
While Friday’s motion seeks to dismiss the case on legal grounds, Diddy’s attorneys and the mogul “vehemently deny” what they called “numerous false, offensive, and salacious accusations ...
In August 2018, U.S. Magistrate Judge Joseph C. Spero denied the motion to quash the portion of the subpoena seeking the identity of the senders, but granted the motion to quash the subpoena seeking the contents of the messages based on the Stored Communications Act. The identities were ordered to be kept confidential.
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