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Maryland Attorney General Anthony Brown submitted a motion to dismiss in a lawsuit against the Maryland State Board of Elections on Monday, asserting that those who brought the complaint lack ...
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
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 ...
In the United States, voluntary dismissal in Federal court is subject to Rule 41(a) of the Federal Rules of Civil Procedure. Rule 41(a)'s full text can be found below. Simply stated, Rule 41(a) allows the plaintiff to make a dismissal as long as the defendant has not filed an answer or filed a motion for summary judgment.
See, e.g., Wash. Rules of Appellate Procedure 2.2. The two principal types of dispositive motions in contemporary American legal practice are the motion to dismiss (sometimes referred to as a demurrer in a minority of U.S. state jurisdictions) and the motion for summary judgment or summary adjudication of issues.
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
William H. Murphy Jr. (born April 22, 1943) [1] is an attorney and former judge in Baltimore, Maryland, now working as managing partner of Murphy, Falcon, Murphy law firm. An African-American, Murphy has been particularly associated with advocacy for civil rights ; he has also been prominent in local politics over several decades.
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