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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 ...
English: The United States Supreme Court did not jurisdiction to hear Citizens United v. the FEC. No court can hear a case if the District Court Clerk filled out the forms, when the attorneys for the case did not an Appearance of Counsel with a Certificate of Service, when the summonses do not bear the seal of the Court, Fraud of the Court occurred, etc.
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 specific rules of the legal system will dictate exactly how the appeal is officially begun. For example, the appellant might have to file the notice of appeal with the appellate court, or with the court from which the appeal is taken, or both. Some courts have samples of a notice of appeal on the court's own web site.
Defendants prevailing on an anti-SLAPP motion (including any subsequent appeal) are entitled to a mandatory award of reasonable attorney's fees. Unlike the typical role of appeals courts, which review evidentiary decisions for abuse of discretion and error, appeals from special motions to strike are reviewed de novo by the Court of Appeal. [12]
House Speaker Mike Johnson announced Wednesday evening that House Republicans from across the conference struck a deal to raise the threshold for the motion to vacate -- a procedure rank-and-file ...
In the most common types of habeas corpus proceedings in the United States federal courts, a certificate of appealability is a legal document that must be issued before a petitioner may appeal from a denial of the writ. [1] The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional ...
The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
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