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A conditional appearance has two primary forms, the limited appearance, which disputes liability to the limited extent of identified property, and the special appearance, which allows a defendant to dispute the personal jurisdiction of the court over the defendant so as to avoid default while the defendant seeks the dismissal of the action. A ...
In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilty or not guilty. Generally, speaking in private, civil cases there is no plea entered of guilt or innocence.
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 New York Immigrant Family Unity Project accuses DOJ immigration officials of moving up detainee court hearings without prior notice, jeopardizing their clients' ability to have counsel present.
Rothgery v. Gillespie County, 554 U.S. 191 (2008), is a United States Supreme Court case in which the Court held that a criminal defendant's initial appearance before a magistrate judge, where he learns the charge against him and his liberty is subject to restriction, marks the initiation of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel. [1]
The drastic measure came after an issue with the flooring, which is uneven in every unit above the first floor and, in some cases, even sinks under the weight of normal couches and other furniture.
Luna Meubel Vervaardigers (Edms) Bpk v Makin and Another (t/a Makin's Furniture Manufacturers) [1] is an important case in South African civil procedure: the leading case, in fact, on the question of how and when an urgent application may be brought. It was heard in the Witwatersrand Local Division by Coetzee J on December 13, 1976, and ...
Asheboro-based Klaussner Furniture Industries closed without warning Aug. 7 after 60 years in business. Klaussner ownership said the company's lender unexpectedly ceased providing capital to keep ...