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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.
A motion to vacate may refer to either: A legal motion seeking vacatur of a judgment or other ruling; A motion to vacate the chair, ...
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 ...
At issue is a procedural tool know as the motion to vacate that Rep. Matt Gaetz, R-Fla., and other conservatives used to remove former House Speaker Kevin McCarthy, R-Calif., from his leadership ...
The court sided with the defendant on September 15, 2005, denying the motion to vacate and confirmed the award. The court found that the arbitration clause was not rendered unconscionable because an automatic distributorship renewal form sent by the Amway compelled consent to the arbitration clause.
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 ...
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