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The first Virginia case to recognize that a motion could be used to achieve the result of the writ of coram nobis was the 1795 decision in Gordon v. Frazier. [140] In Gordon, the use of a motion to have a trial court revisit a final judgment was the general practice at that time, even though the writ of coram nobis was available for the same ...
Extraordinary Appeal in Taiwan is established in part 6 of the Code of Criminal Procedure, which was mostly inspired by the Japanese Code of Criminal Procedure. The application for an extraordinary appeal is an exclusive authority of the Prosecutor General of the Supreme Prosecutors Office. Thus, if any defendant or subordinate prosecutor ...
[Audita querela] is a writ of a most remedial nature, and seems to have been invented, lest in any case there should be an oppressive defect of justice, where a party has a good defence, but by the ordinary forms of law had no opportunity to make it. but the indulgence now shewn by the courts in granting a summary relief upon motion, in cases of such evident oppression, and driven it quite out ...
Motions for summary judgment, for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince the judge to change the decision or grant a new trial.
[54] [55] Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the ...
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U.S. consumers who were “tricked” into purchases they didn't want from Fortnite maker Epic Games are now starting to receive refund checks, the Federal Trade Commission said this week. Back in ...
California Democratic Gov. Gavin Newsom asked state lawmakers Monday for an additional $25 million in funding to cover the cost of legal battles he expects to have with President-elect Donald ...