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An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1] A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
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 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 ...
The case raises the specter of a potentially innocent person being put to death, an inherent risk of capital punishment. ... a judge may grant a prosecutor’s motion to vacate a conviction if ...
A Missouri prosecutor on Wednesday filed a motion to vacate the conviction of a man imprisoned for more than three decades for the shooting death of a 15-year-old boy, the second time in two weeks ...
The disgraced music and media mogul, whose alleged history of sexual assault has come to light within the past year, filed a motion Thursday to vacate a Lenawee County judge's order to pay accuser ...
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
It allows the court to vacate certain felony convictions which occurred after July 1, 1984. [61] Revised Code of Washington (RCW) Chapter 9.94A.640 allows the court to withdraw the finding of guilt and vacate a misdemeanor or gross misdemeanor. [62] Once vacated, or expunged, the person's criminal record will not include that case.
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