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The pandemic caused a number of trial delays — contributing to increased case backlogs — which are further exacerbated by the judicial vacancy crisis in New Jersey brought on by retirements ...
Full case name: Garden State Equality et al. v. Paula Dow acting in her official capacity as Attorney General of New Jersey et al. Decided: September 27, 2013: Citations: 82 A. 3d 336 - NJ: Superior Court, Law Div. 2013: Case history; Subsequent actions: Defendants' motion to stay the trial court's order, denied (79 A. 3d 1036 - NJ: Supreme ...
For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment ( continuance ) of criminal proceedings, when the accused is either remanded in custody or on bail .
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 ...
Kathleen Hopkins, a reporter in New Jersey since 1985, covers crime, court cases, legal issues and just about every major murder trial to hit Monmouth and Ocean counties. Contact her at khopkins ...
The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appellate review authority over final judgments of the trial divisions and the Tax Court and over final decisions and actions of State administrative ...
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 ...
Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). [2] Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the ...