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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 ...
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 ...
Presenting lawyers usually cannot simply make speeches or read their briefs when presenting oral argument to an appellate court. [1] Unlike trial court procedure, where judges intervene only when asked by the parties to resolve objections, it is typical for judges at the appellate level to be active participants in oral argument, interrupting ...
The motion is decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial, and it can be used at both the state and federal levels. Black's Law Dictionary (8th ed. 2004) defines "motion in limine " as "a pretrial request that certain inadmissible evidence not
The decision puts the focus now in Leon Circuit Civil court, where the first hearing between the pair in Florida is scheduled for Tuesday at 9:30 a.m. in front of Circuit Judge John C. Cooper.
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
Attorneys for Blake Lively and Justin Baldoni attended their first court hearing on Feb. 3 for theIt Ends With Us drama — at which the judge vowed to move up the expected March 2026 trial date ...
An attorney may also raise an objection against a judge's ruling, to preserve the right to appeal that ruling. Under certain circumstances, a court may need to hold some kind of pretrial hearing and make evidentiary rulings to resolve important issues like personal jurisdiction, or whether to impose sanctions for extreme misconduct by parties or counsel.