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Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
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 ...
Alternately, the filing party may ask the court’s permission to file some exhibits completely under seal. When the document is filed "under seal", it should have a clear indication for the court clerk to file it separately – most often by stamping words "Filed Under Seal" on the bottom of each page. Person making filing should also provide ...
In law, filing is the delivery of a document to the clerk of a court and the acceptance of the document by the clerk for placement into the official record. [1] If a document is delivered to the clerk and is temporarily placed or deposited with the court (but is not accepted for filing), it is said to have been lodged with or received by the court (but not filed). [2]
The court must provide reasons for either granting or denying an interlocutory injunction. [94] Summary judgment: A party can seek a summary judgment on all or part of its claim. [95] The court will grant a summary judgment if the party seeking the judgment demonstrates that there is no real dispute regarding the facts. [95]
Attorneys for Blake Lively and Justin Baldoni met in court Monday, Feb. 3, for the first time for a 90-minute hearing. An attorney for Lively, Michael Gottlieb, said they would be moving to ...
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. [2] Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.
If a federal court finds that the notice of removal was in fact defective, or that the federal court does not have jurisdiction, the case is remanded to the state court. A defendant used to have to formally petition the federal court for the right to remove, and jurisdiction was not transferred until the federal court entered a formal order to ...