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Burnham v. Superior Court of California, 495 U.S. 604 (1990), was a United States Supreme Court case addressing whether a state court may, consistent with the Due Process Clause of the Fourteenth Amendment, exercise personal jurisdiction over a non-resident of the state who is served with process while temporarily visiting the state.
A matter that was voted on could be brought back again through the motion to reconsider.Under Robert's Rules of Order Newly Revised (RONR), this motion must be made within a limited time after the action on the original motion: either on the same day or in the case of a multi-day session (such as a convention), on the next day within the session in which business is conducted.
Motions to dismiss and motions for summary judgment are types of dispositive motions. Rule 56, Federal Rules of Civil Procedure, is the rule which explains the mechanics of a summary judgment motion. As explained in the notes to this rule, summary judgment procedure is a method for promptly disposing of actions in which there is no genuine ...
The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
Regardless whether the dispositive motion is for summary judgment or adjudication, the motion must be supported by declarations under oath, excerpts from depositions which are also under oath, admissions of fact by the opposing party and other discovery such as interrogatories, as well as a legal argument (points and authorities). The other ...
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 ...
The California view is that the latter term is an oxymoron since a judgment is defined by California Code of Civil Procedure Section 577 as the "final determination of the rights of the parties" [17] and a "partial summary judgment" is not actually final since it necessarily leaves some issues to be decided at trial. There is currently a ...
The Ninth Circuit granted a limited remand so that Judge Brewster could reconsider Judge Jones’s grant of summary judgment. After remand, the district court denied the motion for reconsideration, deferred resolution of attorney’s fees until the resolution of the appeal, and returned the case to the Ninth Circuit. [1]
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