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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 ...
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 law requires that before a default judgment may be entered, the plaintiff must make a certification as to the military service status of the defendant whose default is sought. [26] This certification may be made in the complaint, in a document filed with the proof of service, or later.
It has been held that public bodies can adopt rules, even by majority vote, that cannot be suspended or amended without a two-thirds vote, but it is also held by the courts that actions, taken in violation of procedural rules of parliamentary law and of adopted rules, are valid nevertheless, since failure to conform to the rules of this class ...
Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". [1] It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
While the Texas Rules of Civil Procedure require no judicial permission and impose no intervention deadline, common law dictates that a party may not intervene post-judgment unless the trial court first sets aside the judgment. [8] For the same reason, an intervenor must enter the lawsuit before final judgment to have standing to bring an appeal.
The doubling—and sometimes even tripling—often originates in the transition from use of one language for legal purposes to another: in Britain, from a native English term to a Latin or Law French term; in Romance-speaking countries, from Latin to the vernacular. To ensure understanding, the terms from both languages were used.