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In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional remedy is being sought ...
Kitchen v. Herbert, 961 F.Supp.2d 1181 (D. Utah 2013), affirmed, 755 F.3d 1193 (10th Cir. 2014); stay granted, 134 S.Ct. 893 (2014); petition for certiorari denied, No. 14-124, 2014 WL 3841263 (Oct. 6, 2014), is the federal case that successfully challenged Utah's constitutional ban on marriage for same-sex couples and similar statutes.
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 ...
A stay of execution (Law Latin: cesset executio, "let execution cease") is a court order to temporarily suspend the execution of a court judgment or other court order. [1] The word "execution" refers to the imposition of whatever judgment is being stayed and is similar to an injunction .
In Florida, red-flag orders were granted 16,493 times between March 2018 (when the law took effect) and July 2024. [99] State judges granted petitions for temporary orders about 97% of the time and granted petitions for final orders 99% of the time. [100] In many cases (up to 90% in Broward County) the respondent agrees to the order. [101]
The United States District Court for the District of Utah (in case citations, D. Utah) is the federal district court whose jurisdiction is the state of Utah. The court is based in Salt Lake City with another courtroom leased in the state courthouse in St. George .
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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 ...
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