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In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to ...
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 ...
UK courts also maintain an inherent jurisdiction to manage legal proceedings before them, [3] but it is rarely exercised. Stays of proceedings are usually made under case management powers, [4] and may be ordered upon the application by one of the parties or by the court's own motion (the latter being infrequent).
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Gagnon also filed an ex parte application requesting a continuance to obtain the backup tapes of AMS's computers because they might contain email evidence establishing AMS's allegedly unlawful solicitation of Gagnon’s employees, and would help establish the location of the source code at all relevant times. However, this request was denied ...
In law, sua sponte (Latin: "of his, her, its or their own accord") or suo motu/suo moto ("on its own motion") [1] describes an act of authority taken without formal prompting from another party. [2] The term is usually applied to actions by a judge taken without a prior motion or request from the parties.
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an ...
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]
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