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Motion hearings are held when a party asks the court to take a specific action in the case. For example, a party may request that certain evidence be excluded from trial or that a case be dismissed before trial. In a motion hearing, each side presents arguments and evidence to the judge, who then makes a decision based on the law and facts ...
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that "[t]he term legal proceedings includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal". [1]
Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court , and do not permit the ...
Whether a court will permit, require, or guarantee the opportunity to present oral argument is a decision usually left up to each court to decide as part of its rules of procedure, with differences from court to court even within a single jurisdiction.
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings ...
Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at trial. A partial remand occurs when an appellate court affirms a conviction while directing the lower court to revisit the sentencing phase of the trial. Finally, it may remand ...
These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process ...
The court determines the right to jury based on all claims by all parties involved. If the plaintiff brings only equitable claims but the defendant asserts counterclaims of law, the court grants a jury trial. In accordance with Beacon Theaters, the jury first determines the facts, then the judge enter judgment on the equitable claims. [97]