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At a hearing on October 5, 2009, Carter considered the defendants' Motion to Dismiss and declined to rule from the bench, saying that he would take the matter under advisement. [31] On October 7, 2009, he released a Minute Order finalizing the previously tentative dates for summary judgment motions and trial, [ 32 ] and on October 29, 2009, he ...
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court.
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 reporters lost their case by a vote of 5–4. This case is cited for the rule that in federal courts, a reporter may not generally avoid testifying in a criminal grand jury, and is one of a limited number of cases [2] [3] in which the U.S. Supreme Court has considered the use of reporters' privilege.
The Commissioner must then be notified by the court via electronic service, eliminating the need for rule 4 service of process. The Commissioner need not admit or deny statements under rule 8(b), but must file an answer, and may file any other defense under rule 8(c) or motion to dismiss under rule 12(b) within 60 days of notice by the court.
The Federal Election Commission used prosecutorial discretion to dismiss the allegation, stating that, although the Waters Committee had received an excessive contribution and returned the group’s payment exceeding the attributable costs of the mailer "beyond the 60-day regulatory timeframe," the amount in question had been modest.
Thus, it made sense that a discretionary attack upon the complaint that was already being drafted, calendared, heard, and ruled upon like a motion should simply be treated like one. Having purged the demurrer from federal courts, Rule 7(c) was deemed obsolete by the Advisory Committee on Civil Rules during the 2002–2007 FRCP revision cycle ...
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 ...
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